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Rape charges under Penal Code 261 are serious. A conviction can result in years in state prison and mandatory sex offender registration. The consequences of an accusation alone can be life-changing — even if your charges don’t result in a conviction.
The Law Offices of Justin E. Sterling has successfully handled some of the most complex and high-profile sex crime cases in Los Angeles County. We know how law enforcement investigates these cases and how to challenge flawed assumptions, incomplete evidence, or false allegations.
Contact the Law Offices of Justin E. Sterling to schedule a consultation, and let us get started on your defense today.
What Is Penal Code § 261 PC?
California Penal Code § 261 defines rape. Rape is non-consensual sexual intercourse with a person who is not your spouse. (Spousal rape is a separate offense.) California rape laws apply when sexual intercourse is accomplished through the following:
- Force
- Menace
- Violence
- Fear of immediate bodily injury
- Duress
- Fraud
To prove rape under Penal Code § 261, the prosecution must show that:
- An act of sexual intercourse occurred
- The other person did not give consent
- Force, coercion, or deception was used
One of the most common types of rape is when it’s carried out through physical force or threats of immediate bodily harm (per Penal Code § 261(a)(2)). You can also be charged if the alleged victim was unconscious, intoxicated, has a developmental or physical disability, or was unable to give legal consent for any other reason.
Penalties for Violating Penal Code § 261 PC
Rape is a felony in California. A conviction carries a state prison sentence of up to eight years and fines of up to $10,000. The judge decides the length of the sentence based on whether violence or injury occurred. They will also consider how the rape happened (such as through deception) and the defendant’s prior criminal history.
If the alleged victim is a minor or suffers great bodily injury, the penalties are more severe. Sentencing enhancements may result in additional prison time. A conviction also requires mandatory lifetime registration as a sex offender under California Penal Code § 290. You’ll need to report your whereabouts to law enforcement. Additionally, you will be barred from living and working in certain areas, which can significantly impact your ability to find employment, secure housing, and lead a normal life.
Other consequences may include formal probation (if permitted by the court), restraining orders, and the loss of the right to own or possess firearms. Rape is also a strike under California’s Three Strikes Law. This can result in harsher future sentences if you face future felony charges.
Sentencing in rape cases is highly complex. Having a skilled criminal defense lawyer on your side is the best way to protect your rights and fight for a favorable result.
Defending Against Rape Charges
Rape charges carry a serious social and legal stigma. These cases are often sensitive and complicated, with facts that are rarely straightforward. A strong defense begins with a thorough investigation and challenging any weaknesses in the prosecuting attorney’s case.
Common legal defenses include the following:
- Consent – The sexual act was consensual, and there was no force, threat, or deception.
- Falsely accused – The claim may be motivated by a desire to retaliate.
- Mistaken identity – The accused was not the person involved in the alleged act.
- Insufficient evidence – The prosecution cannot prove its case beyond a reasonable doubt.
- Lack of intent or misunderstanding – The accused believed the other person was willingly participating.
- Constitutional or procedural violations – If law enforcement and the prosecution failed to follow procedural rules or violated your Constitutional rights, specific evidence may be suppressed.
The Law Offices of Justin E. Sterling takes a proactive approach to defending against rape charges. Early legal intervention helps protect you from aggressive police tactics, challenges false narratives, and preserves evidence that supports your defense. The sooner we get involved, the more legal options you may have.
Collateral Consequences for Rape Convictions
A rape conviction in California carries far-reaching consequences that go beyond prison time, sex offender registration, and hefty fines. Other significant consequences include:
- Employment challenges – Many jobs require background checks. A conviction can prevent you from obtaining or keeping a professional license or working with vulnerable groups.
- Immigration risks – Non-citizens convicted of rape may face deportation or denial of immigration benefits.
- Family law impact – A conviction often affects child custody and visitation decisions. Courts prioritize the child’s safety, and a rape conviction may limit or prevent you from seeing your children.
Socially, a conviction can lead to loss of friendships, strained family relationships, and damage to your reputation.
These collateral consequences show why you need a strong legal defense to protect your rights and reputation. Fortunately, the Law Offices of Justin E. Sterling is ready to step in and defend you. We know how to build defenses that are designed to protect your long-term future whenever possible.
Why Choose the Law Offices of Justin E. Sterling?
When you’re facing a rape charge, experience matters. Our legal team understands how criminal cases are built and how to dismantle them. The Law Offices of Justin E. Sterling has a strong record of success, including dismissals, reduced charges, and not-guilty verdicts in serious sex crime cases.
Clients trust us with sensitive and life-altering matters. We take that responsibility seriously. When you work with our law practice, you can expect discretion and a commitment to protecting your rights at every stage of the process.
Discuss Your Case with an Experienced Criminal Defense Attorney Today
If you are facing charges under California Penal Code § 261, you need experienced legal representation as soon as possible. The consequences of a rape conviction are severe and long-lasting, affecting everything from your freedom and finances to your custody rights and job security.
The Law Offices of Justin E. Sterling is here to provide a strong, strategic defense tailored to your unique case. We understand how challenging rape charges can be. We’ll work tirelessly to protect you, whether that means pursuing case dismissal, a favorable plea, or acquittal at trial. Contact our office today for a confidential, free consultation and take the first step toward building a strong defense.
