Rape Defense Lawyers in Los Angeles

Experienced Defense Attorneys Fight Los Angeles Rape Charges

Being accused of rape, date rape, or another sex crime can have lifelong consequences. If convicted, you face several years in prison, lifetime registration as a sex offender, and numerous other penalties that impact your ability to find a job, raise a family, and live your life the way that you want to.

If you or a loved one has been accused of a sex crime in Los Angeles, it needs to be taken seriously. Regardless of the circumstances, you are entitled to receive fair and effective representation to present your side of the story and fight for your innocence. In today’s world, it’s important to have the best tools available so you can defend yourself from any false accusation. Talk to the Los Angeles rape defense lawyers at Werksman Jackson & Quinn LLP at (213) 688-0460 immediately to get started.

Consent Is One of the Most Important Issues

Consent, in the context of sexual activity, refers to voluntary agreement by all parties involved. It is a fundamental aspect of sexual encounters, emphasizing mutual respect and autonomy. In rape defense cases, establishing consent is pivotal, as it distinguishes consensual acts from criminal behavior. Factors that can invalidate consent include coercion, where one party uses force or threats to compel agreement, incapacity due to intoxication or mental impairment, and lack of understanding, particularly in cases involving minors or individuals incapable of giving informed consent.

What You Should Know About California Rape Laws

Under Penal Code 261 PC, the State of California defines rape as an act of sexual intercourse that is either against the person’s will or without the person’s consent. This definition allows for a broad range of possible circumstances in which a sexual act can be considered rape. Among the various methods by which sexual intercourse can be forced, the most common include:

• Violence or the threat of violence
• Fear of bodily harm to another person
• Fraud
• Duress
• Fear of retaliation
• Unable to give consent due to intoxication, mental disorder, or physical disability

According to California law, giving “consent” is an individual freely and voluntarily affirming to engage in sexual activity with full knowledge of the nature of the act. This means consent cannot be assumed just because the involved parties are married or in a committed relationship. If the alleged rape occurred between two people married to each other, it is considered to be a separate crime called “spousal rape” and carries different penalties and legal proceedings.

Accusing someone of rape requires little to no evidence to back up a claim. As a result, it’s easy to be falsely accused of rape and end up wrongfully prosecuted. If you have been accused of rape, you need a robust criminal defense firm that can fight on your behalf. In the past, numerous individuals have been wrongly accused of rape due to incompetent police investigations or lack of DNA evidence. While we see many headlines about someone winning back his freedom after spending years in prison for a crime he didn’t commit, not everyone is so lucky: the best option is to avoid being convicted in the first place.

Some of the Most Common Challenges in Rape Cases

The sensitive and intimate nature of rape cases presents several challenges throughout the criminal defense process:

• Presumption of Guilt: Defendants in rape cases often face a presumption of guilt from society, the media, and sometimes even the legal system. Overcoming this presumption can be challenging, particularly if public opinion is swayed against the defendant.
• Biased Investigations: Law enforcement agencies may exhibit biases or preconceptions that influence how they handle rape cases, potentially leading to inadequate investigation or victim-blaming attitudes.
• Societal Stigma: Survivors of rape often face societal stigma and judgment, which can deter them from reporting the crime or seeking support. Fear of being disbelieved or ostracized by friends, family, or community can complicate the pursuit of justice.
• Media Sensationalism: Media coverage of rape cases can sensationalize details, perpetuate harmful stereotypes, and contribute to victim-blaming narratives. Sensationalism may also affect public perception and influence the outcome of legal proceedings.

What Are the Penalties of Rape in Los Angeles and California

Because rape is a felony, individuals convicted of rape may serve time in California state prison. While a state prison sentence is usually mandatory, there are a few circumstances in which the judge may sentence a defendant to probation and up to one year in county jail. These circumstances include:

• The rape occurred because the victim had a disability that made it impossible to give consent.
• The defendant committed the rape by impersonating someone else known to the victim.
• The defendant committed the rape by threatening to use authority of a public official, such as law enforcement, to coerce the victim, and the judge determines the case to be unusual.

Aside from these circumstances, rape convictions carry a prison sentence of 3, 5, or 8 years, a maximum fine of $10,000, and a “strike” on your record under California’s Three Strikes Law. If the alleged victim is a minor, the maximum penalties can be significantly higher. If he or she is under the age of 14, those convicted could serve up to 13 years in state prison and be permanently registered as sex offenders.

How Forensic Evidence Can Help in Rape Cases

Forensic evidence, such as DNA analysis and documentation of physical injuries, plays a pivotal role in rape investigations and trials. DNA evidence can establish the presence of the perpetrator and corroborate the survivor’s account, while physical injury documentation can support claims of non-consensual sexual activity. However, forensic evidence has limitations, including potential contamination, degradation, or lack of conclusive results.

Defense attorneys may challenge its reliability, questioning collection methods or suggesting alternative interpretations. Additionally, forensic evidence alone may not provide a complete picture of the events, requiring careful consideration alongside other factors in the pursuit of justice.

Understanding Your Rights When Accused of Rape in Los Angeles

Individuals accused of rape possess fundamental rights, including the right to legal representation and the presumption of innocence until proven guilty beyond a reasonable doubt. Legal representation ensures fair treatment, provides defendants with an experienced guide through legal proceedings, and safeguards against wrongful conviction. Maintaining silence, except with legal counsel, is vital to protect against self-incrimination and prevent statements from being misconstrued or used against the accused. Confidential discussions with attorneys enable strategic defense planning and protect the accused’s interests. Upholding these rights preserves the integrity of the legal process and ensures due process for individuals facing serious allegations.

Strategies to Build a Strong Defense Against a Rape Charge

Exploring different defense strategies is a crucial part of building a solid defense. While rape cases are fact-intensive legal matters, defending against such charges involves tactics such as:

• Consent: Arguing that the encounter was consensual and providing evidence to support this claim. The evidence may include text messages, emails, or witness testimony suggesting the alleged victim consented to the activity.
• Mistaken Identity: Asserting that the accused was not the perpetrator of the alleged rape, but rather someone else who was mistaken for them. This defense might rely on alibis, surveillance footage, or witness testimony, placing the accused elsewhere at the time of the alleged incident.
• Alibi: Providing evidence to prove that the accused was in a different location at the time the rape allegedly occurred, thus making it impossible for them to have committed the crime. This evidence could include witness testimony, surveillance footage, or electronic records (such as credit card transactions or GPS data).
• Lack of Evidence: This involves challenging the prosecution’s case by highlighting inconsistencies, contradictions, or gaps in the evidence presented against the accused. These actions could include questioning the reliability of witness testimony, the credibility of physical evidence, or the validity of a forensic analysis.
• Affirmative: Presenting evidence that, even if the alleged actions did occur as described by the prosecution, they were justified or excused under the law. Depending on the circumstances of the case, this could involve arguing self-defense, defense of others, involuntary intoxication, or insanity.

Get Help from an Experienced Los Angeles Rape Defense Lawyer

At Werksman Jackson & Quinn LLP, we have years of experience defending our clients against unfair and unfounded rape accusations. We’ve fought hard to represent college students facing sexual misconduct allegations under Title IX of the Education Amendments of 1972, showing time and again the fundamental flaws in the way universities handle sexual assault cases. In addition to Title IX cases, the attorneys at Werksman Jackson & Quinn LLP have worked with several high-profile clients and successfully defended them from false rape accusations. Many received either a verdict of “not guilty” or had the charges dropped entirely.

Facing any charge as serious as rape can be frightening and difficult. Not only must you contend with a potentially long prison sentence and other restrictions, but there’s also a risk of permanent damage to your professional reputation and livelihood. Without the help of Werksman Jackson & Quinn LLP, there would be many innocent people serving lengthy prison sentences and adapting to life on the sex offender registry. Don’t hesitate to get started on the path to your freedom. Contact the Los Angeles defense lawyers at our office today at (213) 688-0460.