With the controversy surrounding the idiotic comments made by Congressman Akin recently about whether a “rape victim” can prevent becoming pregnant during the rape, an issue has come up as to what is considered “legal rape.” It should seem clear to a sane person that it is against the law to have sexual intercourse with another person who does not consent.
However, California Penal Code 261 has outlined many different ways where a person can be convicted of rape for lack of “legal consent.” This includes the rape of your spouse as well as the rape of a person that cannot consent due to intoxication or other disability.
As a criminal defense attorney in California, the law as to the definition of rape is very clear. If you do not have the consent of the other party to engage in a sexual act, you are guilty of rape. In addition, there is a separate crime for the “rape” of your spouse, and the law is clear that if your spouse does not consent to sexual intercourse, you are guilty of rape.
Further, you can be convicted of rape if you go to a bar, pick up a girl, have sex with that girl and she later claims that she was “too intoxicated” to consent to sexual intercourse.
We strongly recommend that if you are a man in California and would like to have sexual intercourse with another person, you make damn sure that you have the other person’s “legal consent.”
There is no doubt that there are different “types of rape,” but in California if you commit any type of rape as outlined above, you are facing prison and the possibility of having to register as a sex offender for the rest of your life.
For over 30 years, Wallin & Klarich has represented clients throughout Southern California who have been accused of rape. If you or a loved one is facing rape charges (under California Penal Code 261) in Los Angeles, Riverside, Orange, San Diego, San Bernardino, or Ventura Counties, please call us toll-free at 888-280-6839. We will be there when you call.