A woman being held to the ground, presumably during a sexual assault, and a man in handcuffs to illustrate a rape defense page for Vista attorney Peter Liss

Rape & Sexual Assault Defense Lawyer in Vista, CA

Facing Rape or Sexual Assault Charges? Call 24/7 to Start Building Your Defense

Rape and sexual assault allegations can destroy your life. These accusations can forever damage your reputation, leave you in prison for up to eight years, and require you to register as a sex offender. Police and prosecutors take these crimes very seriously. You should too.

Anyone accused of rape or another form of sexual assault in North San Diego County should immediately contact Vista defense attorney Peter M. Liss (State Bar #111128). He has over 40 years of experience representing individuals accused of serious sex crimes like these.

Start building your defense now. Call Peter Liss immediately for your free, confidential consultation —don’t leave your future to chance.

What is Rape Under California Law? 261 (PC)

A man is handcuffed while a potential rape victim looks depressed on the bed

Under California Penal Code 261 (PC), rape occurs when someone has sexual intercourse with an unwilling, unknowing, or unconscious person.¹ It may involve sexual acts:

Performed with the use of force, threat, or fear of immediate injury
On a victim who is unable to consent due to alcohol or drug intoxication
With an unconscious person
With a victim who is mentally or physically unable to consent
Initiated through false impersonation of another individual
Performed under threat of arrest or deportation

A hand dropping pills in a drink to perform a date rape

These charges can still be filed even if the parties involved had previously engaged in consensual sex. Rape charges can apply even when the parties are married.

Date Rape Under the Law

Notably, California’s rape law does not require an offender to use physical violence. Rape can occur any time a victim says “no” or is unable to say “no.” As a result, date rape and acquaintance rape charges are some of the most common types of rapes under 261 (PC).

What is Sexual Assault?

In other states, sexual assault is a criminal charge synonymous with rape. In California, sexual assault is not a specific criminal charge. The average person may use the terms interchangeably, but under the law, sexual assault can be applied to many sex crimes involving unwanted sexual conduct, including:²

Aggravated Sexual Assault Under the One-Strike Law: 667.61 (PC)

With the exception of sexual battery, sexual assault offenses can be subject to dramatically enhanced penalties if they involve certain aggravating factors. Known as California’s One-Strike Law, Penal Code 667.61 (PC) states that most forms of sexual assault can carry penalties of 15 years to life if the offense:³

Involved more than one attacker
Utilized a weapon
Caused bodily injury to a victim under 14
Was committed by someone with a prior conviction
Involved mayhem or torture
Was performed in conjunction with a burglary or kidnapping
Was completed by drugging the victim
Involved binding the victim

These cases are more serious than standard sexual assault charges. They also often result in more biased juries. As a result, your attorney will need to work even harder to fight these charges. Do not face these allegations alone. Hire a rape defense lawyer with experience fighting aggravated sexual assault charges in California.

Criminal Penalties for Sexual Assault and Rape

A man's hands hanging outside prison cell bars

With the exception of sexual battery, almost all forms of sexual assault have the same penalty —between three and eight years in prison and a $10,000 fine. In other words, the sentence is the same for rape filed under 261 (PC),⁴ unlawful sodomy filed under 286 (PC),⁵ or child molestation charged under 288 (PC).⁶

Great Bodily Injury Enhancements

If the victim suffered great bodily injury, an additional three to five years may be added to the prison term.⁷ This sentence enhancement could bring the total sentence to 6 to 13 years.

When the Victim is a Minor

If the rape victim is a minor, the penalty increases to 11 years in prison. If the minor was under 14, the sentence goes up to 13 years. If the victim was under 14 and the suspect is seven years older, the sentence could be 15 years to life.⁸

Aggravated Sexual Assault Enhancements

Those sentenced under California’s One-Strike Law (Penal Code 667.61) face much harsher punishments. A conviction can result in a sentence of 15 years to life in prison. If the victim is under 18, the crime is always punished by life imprisonment.

Offense	Potential Prison Sentence
Rape and most sexual assaults	3-8 years
Rape resulting in great bodily injury	6-13 years
Rape of a minor 14-17 years old	7-11 years
Rape of a minor 13 or younger	9-13 years
Aggravated sexual assault	15 years to life
Aggravated sexual assault of a minor	Life imprisonment

Attempted Rape

Any attempted crime is punishable by half of the sentence of the completed crime. So attempted rape is punishable by up to four years in prison.⁹

Other Sexual Assault Sentencing Considerations

Handcuffs and a gavel emblazoned with the words "sexual assault."

Aside from the immediately apparent penalties, those charged with rape or other sexual assault offenses may face other legal consequences. These additional penalties will vary based on your specific circumstances, but could dramatically affect your future.

Sex Offender Registration

If you have been convicted of sexual assault, you will also be forced to register as a sex offender. Rape and other violent or forceful sexual assaults require registration for at least 20 years. Many offenses are subject to lifelong registration.¹⁰

As a sex offender, your name, address, photograph, and the crimes you committed will be available to the public. This information is publicly available on the internet.

The Three Strikes Law

Rape and most other sexual assault offenses are considered strikes under the state’s three strikes law.¹¹ Under this law, those with a prior qualifying offense on their record will have their sentence doubled. Anyone with two strikes on their record can be sentenced to life imprisonment.

The Consequences of a “Sexually Violent Predator” Label

If prosecutors can prove that a defendant is a sexually violent predator, meaning they are likely to reoffend, being released from prison is not the end of their punishment. They may be subject to mandatory confinement in an institution or chemical castration.¹²

Immigration Consequences and Loss of Professional Licenses

Beyond the immediate penalties of prison, fines, sex offender registry, and possible confinement or castration, rape and sexual assault convictions can also affect your professional license or immigration status. These acts are considered violent offenses and crimes of moral turpitude, meaning they can have dramatic impacts on your future employment.

If you are not a citizen, you may be deported after being convicted of these crimes.

Act Now to Protect Your Freedom and Your Future

The best way to avoid these devastating consequences is to hire a criminal defense attorney early. They can gather evidence, fight improper property searches, and persuade the District Attorney not to file charges in cases with insufficient evidence.

Protect your rights today. Call Peter M. Liss for your free, confidential consultation and get started now.

Common Defenses to Rape & Sexual Assault

Sexual assault is often difficult to prosecute and to defend. While these cases frequently involve circumstantial evidence, the allegations are emotionally charged enough to damage someone’s reputation, even without a conviction. If you have been accused of rape in Vista or elsewhere in North County, only work with a criminal lawyer experienced in handling these serious allegations.

Lack of Evidence

Most rape cases are not reported to the police.¹³ When they are, there is often a lack of physical evidence because few victims choose to go to the hospital to undergo an invasive “rape kit” examination after being raped.¹⁴

If there is no physical evidence and no witnesses, then the case ultimately comes down to one person’s word against another. While this is occasionally enough to secure a conviction, it is usually insufficient to prove guilt beyond a reasonable doubt.

Consent

A couple consensually making out together

Even with a forensic exam, the evidence from the test only shows that intercourse happened. It does not show whether it was consensual. This defense is more challenging if the victim has physical injuries, unless both parties agreed to rough sex.

Note that consent is not a full defense in cases where the victim is a minor, as minors are considered unable to consent. However, showing a minor consented to the activities could result in charges being reduced to statutory rape allegations instead of rape of a minor.¹⁵

Rape of a minor typically carries a maximum penalty of 11 years. Statutory rape is only punishable by three years’ imprisonment.

Not Overly Intoxicated

You cannot have sex with someone who is too intoxicated to consent, but what’s considered “too intoxicated” is subjective. It is not illegal to have sex with someone after one beer, though it is to have sex with someone who has passed out from drinking. Most sexual assault cases involving intoxication fall somewhere in between. A Vista sexual assault attorney can challenge the claim that the other party was too drunk to consent.

Mistaken Identity

Just because a sexual assault occurred doesn’t mean the accused party is guilty. It is common for the wrong individual to be charged in cases involving drugs, alcohol, or assault by a stranger.

False Allegations

False rape allegations are uncommon but can occur.¹⁶ If you believe the complainant may have ulterior motives or is seeking retribution, inform your attorney, as this information may support your defense. Be aware, though, that this strategy may pose risks if the accuser was, in fact, the victim of a sexual assault.

A forensics lab that could be running a rape kit

Flaws in Evidence Procedure

If there were any flaws in how physical evidence was collected, stored, transported, or tested, this may render it inadmissible in court.¹⁷

Plea Bargains

In some cases, the best line of defense is to have your attorney negotiate the charges or sentencing down in a plea bargain. Common lesser charges used in these cases include sexual battery or statutory rape.

Call An Attorney Immediately

You cannot build a defense without legal representation. Lawyer Peter Liss can represent you against rape or sexual assault allegations in Vista and the rest of North County. Call now to schedule your free, confidential consultation.

Fight Rape Charges

Top Vista Criminal Lawyer

There are many different types of rape allegations. Defending a client from a violent sexual assault is different from fighting date rape charges after two friends got drunk together. No matter the specifics of your sexual assault case, Vista and San Diego County attorney Peter M. Liss can help you fight the charges.

Dedication and Experience

With over 40 years of experience as an attorney, Peter Liss has defended hundreds of clients facing sexual assault charges. He has a proven track record of successes and acquittals. Clients praise his attentive service and aggressive representation.

Confidentiality Guaranteed

These charges can destroy your personal and professional reputation. Do not wait to seek representation and start building your defense. Call the Law Office of Peter Liss today.

Why Hire Peter Liss

As Your Rape Defense Lawyer

Vista defense attorney Peter M. Liss has worked in the legal industry since 1983. He is a graduate of the top-rated University of California, Berkeley Law School.

A statue of Justice to illustrate the services of Peter Liss.

Personalized Representation

As a solo practitioner, Mr. Liss personally handles each case from start to finish. He provides top-quality representation at reasonable rates. You can fight for your freedom without draining your wallet.

He accepts all major credit cards.

Two Convenient Locations

Peter Liss offers two easy-to-get-to locations. His primary location is in Vista, California, directly across the street from the North County San Diego Courthouse and jail facility.

He also has a satellite office in Carmel Valley, off of the I-5 and Highway 56 interchange.

Both locations offer free parking.

Service You Can Rely On

Whenever you need legal help, Peter Liss is here for you. He offers a 24/7 live-answering service, allowing his clients to always speak with a real person. Mr. Liss returns all calls promptly and courteously.

All communications are confidential.

Building Your Defense

For Sexual Assault Charges

A woman's hands grabbing on the bed sheets as though she is being sexually assaulted.

There are many things a criminal attorney may do to help clients accused of sexual assault. Each defense is different. Lawyer Peter Liss can discuss the best strategy for your rape charges at your initial consultation in his Vista or Carmel Valley office. Depending on your situation, he may do the following:

Arrange for your arrest to occur away from work to avoid damaging your reputation
Fight to reduce your bail or get you released without bail
Retest any forensic evidence in an independent lab
Interview and present witnesses who back your story
Consult with mental health professionals or doctors to show you would be unable to commit the crime you have been accused of
Research the alleged victim’s past to see if they have a motive to lie or a record of filing false police reports
Review the prosecution’s evidence to find holes in their case
File court motions to have evidence suppressed, the charges reduced, or the charges dropped altogether
Negotiate for a plea bargain to minimize the sentence or charges against you
Work to secure alternative sentencing or minimal penalties

Call a Lawyer Today

Don’t wait to start fighting the charges. If you’ve been accused of rape or sexual assault in Vista or anywhere in San Diego County, contact Peter Liss immediately. Your consultation will be free and confidential.

Accused of Sexual Assault?

Here’s What to Do Right Away

Your stomach may drop if you find out someone you know was raped, especially if you may be a suspect. What you do immediately after being accused of rape can dramatically affect your future, including possible legal charges, reputational damage, and personal consequences. Here’s what to do after you find out you are a suspect:

Avoid Discussing the Case

Do not speak with the victim, police, or prosecutors. Police may set up calls between the alleged victim and the suspect. They hope the accused will say something that can be used against them. Even an apology can be seen as proof that you committed the crime.

Do Not Speak to the Police

It is easy to accidentally say something to the police that may hurt your case. Even if you haven’t been named as a suspect, police may be collecting evidence while asking you questions about the victim or the day of the assault. They do not need to read you your Miranda rights to do so.

Keep Your Guard Up

Police sometimes get suspects to talk by lying about evidence. They may claim the rape kit tested positive for your DNA even if there was no rape kit at all. In some cases, they may offer a drink, a cigarette, food, or gum to get a DNA sample without a warrant.

Avoid Defending Yourself

Many sexual assault cases are based on statements by the defendant. If a defendant claims, “she wanted it,” they cannot later say they did not have intercourse. Saying, “she was really hammered,” could be used as proof that the defendant knew the victim was too intoxicated to consent. If a defendant says they never met the victim, but witnesses saw them together, anything said after that point will seem untrustworthy.

Do Not Agree to Warrantless Police Searches

If police ask to search your property, refuse unless they have a warrant. If they do, read it to ensure it is valid. If so, step aside and let the police in. Then call your lawyer.

Never give officers a DNA sample without a warrant.

Collect and Preserve Evidence

If you have evidence to back your story, collect it and give it to your attorney. If you worry that something could be used as evidence against you —including journal entries, texts, or emails —do not damage or delete it. Doing so could be considered destroying evidence.¹⁸

Call a Rape Defense Attorney

Only speak to the San Diego police or sheriff’s deputies with your lawyer present. If police attempt to question you, say you are invoking your right to silence and wish to speak with your attorney.

Call attorney Peter M. Liss immediately if you’ve been accused of rape or sexual assault.

Frequently Asked Questions About Rape and Other Sexual Assault Charges in Vista, CA

What’s the Difference Between Sexual Assault and Sexual Battery?

In California, sexual assault is a broad term that encompasses various charges involving unwanted sexual contact. Sexual battery, defined by California Penal Code section 243.4 (PC), is a specific criminal offense that involves unwelcome sexual touching.

Rape Vs. Statutory Rape: What’s the Difference?

Rape is defined as engaging in sexual activity with someone who is unwilling or unable to give consent. Individuals under the age of 18 are considered unable to consent to sexual activities. Consequently, those accused of having sex with a participant who is under the age of consent may be charged with statutory rape under Penal Code 261.5 (PC). This charge is less severe and carries a maximum punishment of 3 years in prison, whereas rape sentences range from 3 to 8 years.

Can it be Considered Rape if the Victim Didn’t Fight Back?

Rape does not require force, only the absence of consent; therefore, victims are not obligated to resist.

What is Considered Consent Under California Law?

Consent means that someone actively agrees to engage in a sexual encounter. Ideally, this is expressed as a verbal “yes,” but as long as both parties have the freedom to say “no,” “stop,” or use a pre-agreed safe word at any point, it can still be considered consent. Being in a committed relationship is not sufficient to assume consent. Sexual assault charges can be brought if either party is unable to stop the activity before or after it begins or is too incapacitated to provide consent in the first place.

Does Rape Require Penetration?

Yes, Penal Code 261 (PC) can only be filed if there is penetration. However, other forms of sexual assault, such as sexual battery or child molestation, can occur even without sexual penetration.

Is Stealthing Considered Rape?

Stealthing falls in the legal gray area between consent and rape because it involves consensual sex with a condom that is unknowingly removed. While it is technically considered non-consensual, it is also considered too difficult to prove in criminal court, which is why the California legislature created a law allowing victims to sue for damages in the civil court system.

What is the Statute of Limitations on Rape Charges in California?

There is no statute of limitations on rape charges as of January 1, 2017. Aggravated rape was never subject to a statute of limitations, so these charges can be filed no matter how long ago the incident occurred.

Can Rape Charges be Dropped by the Alleged Victim?

While the District Attorney will take the victim’s wishes into account when filing charges, ultimately the victim cannot drop the charges. Charging decisions are exclusively up to the prosecutor.

Legal References

Penal Code 261 (PC) (California Legislative Information) ↩︎
Sexual Violence Prevention, Response & Survivor Resources (UCSF Police Department) ↩︎
Penal Code 667.61 (PC) (California Legislative Information) ↩︎
Penal Code 264 (PC) (California Legislative Information) ↩︎
Penal Code 286 (PC) (California Legislative Information) ↩︎
Penal Code 288 (PC) (California Legislative Information) ↩︎
Penal Code 12022.7 (PC) (California Legislative Information) ↩︎
Penal Code 269 (PC) (California Legislative Information) ↩︎
Penal Code 664 (PC) (California Legislative Information) ↩︎
Penal Code 290 (PC) (California Legislative Information) ↩︎
Penal Code 667 (PC) (California Legislative Information) ↩︎
Penal Code 645 (PC) (California Legislative Information) ↩︎
Statistics (National Sexual Violence Resource Center) ↩︎
Trends in US Emergency Department Use After Sexual Assault, 2006-2019 (PubMed Central) ↩︎
Penal Code 261.5 (PC) (California Legislative Information) ↩︎
False Rape Allegations (US Department of Justice) ↩︎
Sexual Assault Investigations (Fontana Police Department) ↩︎
Penal Code 135 (PC) (California Legislative Information) ↩︎