I am accused of Rape and the charges are not true. What is the punishment for Rape? – Penal Code 261

By: Wallin & Klarich

Under California Penal Code section 261, it is illegal to use force, threat, or fraud to engage in sexual intercourse with any person.


To be found guilty of rape, the alleged intercourse had to have happened against the will of the victim under circumstances where:

• Unlawful bodily injury was threatened against the victim • The victim was mentally or physically disabled • The victim was under the influence of influence or alcohol • The victim was unconscious • The victim was induced by fraud of false pretenses
To be convicted of rape, the prosecution will have to prove all of the following:

• you had sexual intercourse with the victim • the victim did not consent to the intercourse • You accomplished the intercourse through force or fear, threats of future bodily harm, or threat of official action.

California Criminal Defense Attorney

The punishments for rape are very serious. If you have been charged with or accused of rape in California, it is imperative that you contact a California criminal defense attorney.

If you are convicted of rape, you could face up to three, six or eight years in state prison. Having a strong defense attorney is essential if you are going to successfully defend allegations of rape.

Sex Offender Registration

If you are found guilty of rape the court will require you to register as a sex offender for life. This is an extremely serious consequence and you should never plead guilty to a rape charge without consulting with Wallin and Klarich.

The attorneys at Wallin & Klarich have been successfully representing individuals falsely accused of rape for over thirty years. We understand that being charged with rape can negatively affect you and your family for life.

We are committed to providing you with the best defense possible. Call us today at (888) 280-6839 to speak with one of our attorneys. We will get through this together.

Posted In: Sex Offenses