San Francisco is a major city and county in Northern California that has a significant rate of sex crimes. The crime rate in general is decreasing, but according to the San Francisco Police Department, there were 119 sex crimes reported during 2012. According to another source, there were 133 rapes in San Francisco in 2010. People from all walks of life can be accused of rape.
Dudek & Cintean, LLP is a law firm of experienced San Francisco criminal defense lawyers. Some of us have previously worked for the prosecution and understand the nuances of rape charges, including the stigma a conviction carries. We are prepared to use our detailed knowledge of prosecution tactics to vigorously defend clients accused of rape from investigation through to trial.
What is Rape Under California Law?
The legal definition of “rape” is provided under California Penal Code section 261, which was codified in 1872. “Rape” refers to instances when an individual engages in sexual intercourse with a person not his or her spouse against his or her will. The subsections of the statute detail a number of specific circumstances that can lead to a rape charge:
- The alleged victim is unable to give consent due to a known disability, intoxication or unconsciousness;
- The individual uses violence or physical force;
- The individual takes advantage of the alleged victim’s fear of being hurt or retaliated against;
- The individual uses certain types of fraud; or
- The individual pretends to be the spouse of a married victim.
Recently, the rape conviction of a defendant who was accused of impersonating a young woman’s boyfriend was overturned in Southern California. The reversal occurred because the law required that the court find he impersonated her husband if she was married, and in that case he impersonated her boyfriend. In response, in 2013 California State Senator Noreen Evans proposed SB 59. If SB 59 passes, it will replace the word “spouse” in the law with “sexually intimate partner” in the subsection about impersonation. If the law passes, all cohabitants, including single women and men, domestic partners and gay, lesbian, bisexual, or transgender pairs, can be found to be victims of that particular type of rape.
Other code sections provide for additional forms of sex crimes. These include statutory rape (sex with a minor), oral copulation by force, sexual battery, lewd or lascivious acts with a child, rape of a spouse, rape of a date, and forcible penetration with a foreign object.
If you have been arrested or contacted by a law enforcement officer or detective in San Francisco or the surrounding areas, call our office right away for a consultation. At Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law our San Francisco criminal defense attorneys take a team approach to your legal problem. Between a criminal law certified specialist and two former prosecutors and a law school professor rest assured that you are in good hands.
Call us at (415) 946-4020 for a consultation.
Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law
201 Spear St #1100
San Francisco, CA 94105
Phone: (415) 946-4020
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