San Diego Rape Lawyer Experienced
in Fighting Sexual Assault Charges
If you have been arrested or believe you might be under investigation for rape, forced sodomy or forced oral copulation, I can help you. I am Vista and San Diego sexual assault defense lawyer Peter M. Liss, and I have tried over 100 criminal jury trials and personally defended many people arrested in San Diego County for rape, statutory rape, sodomy, forced oral copulation, penetration with a foreign object and other sex offenses.
I can also help you if you are facing a potential “third strike” under California’s three-strikes law. If you need a skilled, experienced rape defense attorney with a track record of success in San Diego County, please call me at (760) 643-4050 for a free consultation. You will receive top quality representation for a reasonable fee.
Defining Sexual Assault in California
Rape, covered by California Penal Code section 262 (PC), is the best-known form of sexual assault and it involves the act of sexual intercourse, or attempted sexual intercourse, with an unwilling, unknowing, or unconscious person, accomplished by force, threat, fear of immediate injury, drugging the victim, or other prohibited conduct. Sexual battery, California Penal Code section 243.4 (PC), is a related offense that is essentially unwelcome sexual touching.
Not All Rapes Are Violent Crimes
It is important to recognize that there are many different types of rape. While a violent sexual assault will leave bruises and other marks that can be used as evidence, cases involving date rape may come down to whether or not the alleged victim was too drunk to consent to sexual activity –a subjective distinction that cannot be easily defined. No matter what you have specifically been accused of, it is critical your attorney has experience defending all variety of these charges from non-violent acquaintance rape to sexual assaults that have left the victim in the hospital. Peter Liss has this level of experience and has successfully defended hundreds of clients accused of all nature of sex crime charges.
Other Forms of Sexual Assault
Other charges considered to fall under the umbrella term of “sexual assault” include sodomy (286 (PC)), oral copulation, (287 (PC)), or penetration with a foreign object (289 (PC)) with an unwilling, unknowing, or unconscious victim. Many defendants will also be charged with other sex crimes as well, including child pornography, child molestation, pimping and indecent exposure.
Consent is a Complicated Matter in These Cases
When it comes to consent, California has a very slim definition, so if someone is considered too drunk or high, too mentally or physically handicapped or too young to consent, you can still be accused of sexual assault even if the alleged victim technically said “yes.”
Spousal Rape Accusations in San Diego: 262 (PC)
Similarly, just being married to someone does not mean he or she is required to consent to sexual activity and spousal rape charges are often filed alongside those of domestic violence. This specific type of spousal abuse charge requires a skilled rape defense lawyer in San Diego.
Always Work With a Sexual Assault Defense Attorney
No matter what specific charges you are facing, it is so important to always contact your San Diego rape lawyer as soon as possible when you have been accused of any type of sex crime because trying to defend yourself by saying the other person consented could actually be seen as a confession in many cases.
Rape may be one of the most serious charges a person can face outside of murder and treason and jurors have been known to show a distinct prejudice against those accused of this ugly crime. If you are accused of rape, do not speak to the police or victim until you have first spoken with a top sexual assault defense attorney in San Diego County.
Rape Penalties in California
Penalties for sexual assault can include jail or prison time, fines, being required to register as a sex offender and, in the case of offenses involving children, the loss of the right to see your children or be in the presence of children. Penalties for even a first offense can be severe.
The Consequences of Sexual Assault Convictions
A conviction for most of these charges requires an automatic state prison sentence of at least 3 years, though you could face up to 8 years for each count. Spending time in a state prison is mandatory if you are convicted of any form of sexual assault. Additionally, many of these offenses will count as a strike under California’s three strikes law and if you receive three strikes, you can face life imprisonment.
Mandatory Registration on the Megan’s Law List
These convictions will not only result in prison sentences and large fines, but will also require you to register as a sex offender for anywhere from 20 years (in cases where the victim could not consent) all the way through the rest of your life (in cases where the force, threat or fear was used). This means that your name, address, photograph and the crimes you committed will be available to the public, even searchable on the internet throughout the entire time you are required to register.
Penalties for Aggravated Rape
Cases that involve more than one attacker, a defendant with a previous sex crime conviction on his or her record, a weapon or the victim suffering great bodily injury are known as aggravated rape under California Penal Code section 269 (PC). Those convicted of aggravated rape can face 15 years to life in a state prison and if the victim was a child under 18, the crime carries a life sentence.
Problems with Sexual Assault Defenses
The problem with these charges is that they very often come down to one person claiming a sex act was rape while the other claims it was consensual. While forensic testing can often identify whether or not two people did, in fact, engage in sexual activity, it cannot tell if the act was consensual and these crimes often come down to the word of the alleged victim versus the word of the alleged assailant. Even if there is DNA evidence, that rarely proves more than the fact that intercourse occurred -not that one party was raped. Bruises, scratches and bite marks can also be used as evidence, but if two persons participated in consensual rough sex, there is nothing illegal about such activity.
Watch What You Say to the Police
In some cases, just trying to explain that you did not sexually assault someone can provide the police with evidence that will work against you, which is why working with a San Diego rape attorney is critical when you are accused of such charges. For example, if you say that you don’t know the alleged victim, but there are photos of you together on the night the alleged incident took place, it will make everything you say seem less trustworthy in the future.
There is No Statute of Limitations
It’s worth mentioning that since 2017 there has been no statute of limitations for rape and even before that there was no statute of limitations on aggravated rape. This means even if you just want to confess to someone that you violated someone sexually so you can get the crime off of your chest, you could likely still end up behind bars if that information gets to the authorities, even if the crime happened years ago. Do not try to defend yourself by saying the statute of limitations must have ran out or this could be used as a confession rather than a defense.
Call a San Diego Rape Lawyer Before Choosing a Defense
Rape is a very serious criminal charge with very serious consequences. It is also one of the most common crimes that people falsely accuse others of doing. These are serious crimes with complex defenses. When you have been accused of these charges, is important to contact a skilled criminal defense lawyer as soon as possible to obtain the best case results under the particular facts and law of your case.
Remember to always speak with a San Diego criminal defense attorney before speaking with police in order to avoid saying something that could harm your defense later. Your lawyer may be able to have charges or sentencing reduced in a plea bargain so you will at least minimize the penalties you face.
As Your San Diego Sexual Assault Lawyer, I Can Help By
- 1 Advising you about your case and keeping you updated about the status
- 2 Helping you by arranging for your arrest to occur away from your home or work
- 3 Arguing for lower bail or no bail
- 4 Interviewing witnesses and police
- 5 Gathering evidence to build your defense. This evidence may include a psychological evaluation that shows you do not have the profile of a sex offender; proof the victim has a motive to lie or a history of lying; evidence that the victim has mental issues that could result in their developing false or inaccurate memories; the testimony of medical professionals that contradicts the medical conclusions drawn by the prosecution’s medical experts; having forensic evidence retested in an independent lab; proof that you could not have been at the location at the time and place where the assault allegedly occurred; and more
- 6 Making court motions that could benefit your case
- 7 Considering all possible defenses in your case, which could include insufficient evidence, wrongful accusations, innocence, inaccurate witness identification and more
- 8 Attempting to have the charges reduced. In many cases, this process can begin before you have even been formally charged
- 9 Helping to negotiate a beneficial plea bargain or representing you in trial
- 10 Presenting the best criminal defense for your specific situation
- 11 Working to secure alternative sentencing or minimize your sentence. Alternative sentences are not available in all cases, but may include house arrest, residential treatment, counseling and hormone therapy that will suppress your sex drive. In some cases, this may even qualify you to be excused from registration as a sex offender.
