San Francisco Rape, Sexual Assault, and Statutory Rape Defense Attorneys

San Francisco Criminal Defense Attorneys Committed to Defending the Rights of the Accused

Some of the most common sex crimes that we help our clients with are rape, sexual assault, and statutory rape charges. While these are very serious crimes, they are often charged as a result of false accusations or simple misunderstandings.

A sex crime conviction can affect every aspect of your life. This is why you need an experienced San Francisco sex crime defense attorney who will aggressively defend you. The prosecution just wants a conviction, so you need someone on your side to make sure you get a fair outcome. If you’d like to schedule a free consultation with one of our Bay Area sex crime defense lawyers, call us at 800-755-5174 or contact us online to discuss your case and learn about how we can help you.

Rape in California

Under California Penal Code Section 261, you can be charged with rape if you have sexual intercourse with another person, other than your spouse, under any of the following circumstances:

• It was done against the other person’s will, using force or duress;
• The other person was incapable of giving their consent;
• The other person was unconscious;
• You led the other person to believe you were someone else;
• You threatened to harm them or someone else in the future;
• You threatened to use governmental authority to arrest, imprison, or deport the other person.

Generally speaking, rape charges involve sexual intercourse either against the victim’s will or where the victim was not able to give their full or informed consent.

Examples of Rape under California Law

People are often shocked to discover that they are facing rape charges, not realizing how broad California’s rape laws are. Here are some situations where you can be charged with rape that you may not have realized:

• The other person was intoxicated.
• You were in a committed relationship with the other person at the time the incident occurred.
• You began to have sex but stopped when the other person objected.
• The other person asked you to wear a condom but never gave you their consent to have sex.

As you can see, you can be charged with rape in situations where you believed there was consent. Thankfully, being charged with rape doesn’t mean you’re guilty. An experienced criminal defense attorney in San Francisco can help you prove your innocence by showing either that the other person gave their consent, you had reason to believe they had given their consent, or you have been falsely accused.

Penalties of a Rape Conviction

Rape is a felony in California, and as a result, a conviction carries harsh consequences. If convicted, the following punishment:

• Three, six, or eight years in state prison
• An additional three to five years in prison if the victim suffered a great bodily injury
• A fine of up to $10,000
• Lifetime registration as a sex offender

Sexual Assault Charges

In order to be charged with rape, there must be some sexual penetration. If there was no penetration, you could be charged with sexual assault (formally referred to as sexual battery) under  California Penal Code Section 243.4. Sexual battery is defined as touching an intimate part of another person without their consent and for the purpose of sexual gratification, arousal, or abuse. “Intimate part” is defined by the statute as “the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.”

It’s also important to note that “touch” is rather broadly defined under California law. For purposes of sexual assault charges, “touch” can include any “physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.”

In light of the above, the following actions could result in sexual assault charges:

• Groping
• Placing your hand in someone’s lap
• Brushing your groin up against someone else’s buttocks
• Slapping or patting someone on the buttocks

What the Prosecution Must Prove in a Sexual Assault Case

Although the law covers a broad spectrum of behavior, sexual assault charges can actually be more difficult to prove than you might think. In order to convict you of sexual assault, the prosecution must prove three elements:

• That you touched the other person’s intimate parts. You cannot be convicted of sexual assault unless you touched their intimate parts.
• That you did so without the other person’s consent. You cannot be charged with sexual assault if the other person consented to be touched. Therefore, in order to convict you of sexual assault, the prosecution must prove that there was a lack of consent or that consent was given under duress.
• That you touched them for the purpose of sexual gratification, arousal, or abuse. It’s often assumed by prosecutors that you had the requisite intent, but they must prove that you touched them for one of these purposes.

Finally, keep in mind that there is often very little evidence supporting a sexual assault charge beyond the other person’s verbal testimony.

The Consequences of a Sexual Assault Conviction in San Francisco

Sexual assault is typically a misdemeanor. If convicted, your punishment could include the following penalties:

• Up to six months in county jail;
• A fine of up to $2,000
• Completion of a behavior management program
• Required registration as a sex offender for up to 10 years

However, sexual assault can also be charged as a felony if the victim was unlawfully restrained, they were unconscious, or they were institutionalized for medical treatment. In those situations, you could face up to four years in state prison and up to $10,000 in fines.

Statutory Rape

Statutory rape is another common sex crime. Statutory rape is defined by Penal Code Section 261.5 as having sex with someone under the age of 18. Note that there is no element of consent or anything else that the prosecution needs to prove. You can be charged with statutory rape even if both of you were under the age of 18, in a committed relationship, and the sex was totally consensual.

Statutory rape is a “wobbler” offense and can be charged as a felony or a misdemeanor. The age of the parties will play a significant role in whether it is charged as a felony or a misdemeanor. Depending on which is charged, you could be sentenced to one year in county jail for a misdemeanor or up to four years in state prison.

Call Us Today to Schedule a Free Case Evaluation with a Bay Area Sex Crime Defense Attorney

The consequences of a sex crime conviction can be devastating. At The Law Offices of David S. Chesley, we know what is at stake and we know what it takes to successfully defend our clients. Our team is made up of former prosecutors and law enforcement agents who use their knowledge to your advantage. Don’t leave your future in someone else’s hands – call The Law Offices of David S. Chesley at 800-755-5174 or contact us online to schedule your free consultation with a San Francisco criminal defense attorney.