Vista DUI Lawyer and Criminal Attorney Peter M. Liss

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san diego rape defense lawyer

San Diego Sexual Assault Lawyer

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 rape 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 crimes.

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 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 261 (PC), is the best-known form of sexual assault. 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.

san diego sexual assault attorney

No matter what you have specifically been accused of, it is critical your attorney has experience defending all variety of these charges, ranging 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.

Is There a Difference Between Sexual Assault and Rape?

Yes. While some states have replaced the word “rape” with “sexual assault” in their law books, California considers the two terms to be distinct. In California, sexual assault is an umbrella term for a type of crime that involves the unwanted touching of another person in their breasts, genitals, anus, groin or buttocks. Rape, forced oral copulation and illegal sodomy are all different types of sexual assault that involve physical penetration. Sexual battery and forcible penetration with a foreign object are also commonly charged forms of sexual assault.

What is Considered Consent Under California Law?

Consent means someone agrees to a sexual interaction. Ideally, it comes in the form of a verbal yes, but as long as either party was free to say “no,” “stop” or use a pre-chosen safe word at any point, that can still be considered consent. If one party was prevented from being able to stop the activity before or after it started (including being unconscious or too drunk or high to consent) or attempted to discontinue a sexual act they originally consented to, but was ignored or forced to keep going, then the other person or persons may be charged with sexual assault.

Date Rape Charges in San Diego

It is important to recognize that there are many different types of rape and while most people envision the crime as a violent attack on the victim, under California law, it doesn’t matter if a person uses physical violence, a rape can occur any time a victim says “no” or is unable to say “no.” In fact, date rape charges are some of the most common sexual assault accusations filed in California. It doesn’t matter if you and the alleged victim had consensual sex in the past.

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 able to consent to sexual activity. In many cases, these cases can get particularly ugly because while both parties agree they had intercourse, the matter of consent is disputed between both persons involved –this can be particularly problematic when voluntary drug or alcohol use occurred before the sex act took place. It is critical to work with a San Diego date rape defense attorney when facing these charges in order to ensure you do not accidentally make a statement to the police or prosecutors that may later harm your case.

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, you can still be accused of sexual assault even if the alleged victim technically said “yes.”

The Victim Didn’t Fight Back, so I Didn’t do Anything Wrong, Right?

This is a common misconception. But the reality is that if a victim didn’t consent, then sexual assault occurred, even if he or she did not resist at all.

Is the Victim’s Word Alone Really Enough to Convict me?

he said/she said rape charges

Yes. While there is plenty of physical evidence that can be used in a rape case, many cases come down to nothing more than one person’s story vs. another. This is why what you say can make or break a case. If you lie about an alibi or not knowing the victim and the prosecution can prove it, this may weaken your case. Never speak to the police without your attorney present as this is likely to result in you saying something that can be used against you. In fact, the police often trick suspects into confessing by lying about evidence.

Statutory Rape Charges Under Penal Code 261.5 (PC)

If a person has sexual intercourse with minor under the age of 18, he or she has committed statutory rape, regardless of his or her age and whether or not the victim consented. It also does not matter if the minor initiated the sexual intercourse. If both parties are under the age of 18, it is still a crime. The only time it is legal for a minor to have sex is if he or she is married to that person. It’s important to note that it is legal for a minor to date someone and then have sex with him or her, as long as the actual intercourse occurred after the minor turns 18. It’s also important to recognize that in cases involving two underage persons, prosecutors rarely press charges in San Diego County.

Prosecuting statutory rape is difficult because the prosecution must prove that the parties were not married, did have sex, and that one party was under 18 at the time. In many cases, finding sufficient evidence to prove sex occurred is difficult, especially if the minor is uncooperative with the police and prosecutors -or if the child or their parents have something to gain by accusing the other party with statutory rape.

If the Person I had Sex With Told me They Were 18, is it Still Statutory Rape?

If you legitimately believed the person was over 18, this is a defense, but this criminal defense is a lot stronger if you met somewhere like a bar than at a playground. If the victim looks particularly young, this defense may not be as strong.

Spousal Rape Accusations in San Diego: 262 (PC)

san diego spousal rape defense attorney

Just being married to someone does not mean he or she continuously consents 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 sex crimes defense in San Diego.

But I’m Married to the Victim, so it Can’t be Rape, Right?

Simply being married does not mean someone has to consent to intercourse with their partner at any given time. If a married person did not consent to a sexual activity with his or her spouse, then it is still sexual assault regardless of their relationship status.

Rape Penalties in California

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. In cases involving children, you may also lose of the right to see your children or be in the presence of children. 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.

san diego sexual assault lawyer

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.

Mandatory Registration on the Megan’s Law List

These convictions will not only result in prison sentences, 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.

What is Aggravated Sexual Assault?

Cases that involve more than one attacker, a defendant with a previous sex crime conviction, a weapon, a juvenile victim, where the victim suffered great bodily injury, or that took place during a burglary or kidnapping are known as aggravated rape under California Penal Code section 269 (PC). Under California’s one strike law, 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. It’s important to keep in mind that these cases are not only more serious than a standard rape charge, but they will also often involve a more biased jury, which means your San Diego sex assault attorney will need to work even harder to fight the charges.

Even those who are released from prison after a conviction for aggravated sexual assault need to register as a sex offender for life and many will be considered a dangerous violent offender, meaning they may be subjected to mandatory confinement in an institution or chemical castration.

Statutory Rape Penalties

Under 261.5 (PC), statutory rape charges can be either a misdemeanor or felony in California. In cases involving people who are no more than three years apart in age, the charges are always filed as a misdemeanor. Typically, cases where the accused party has some type of authority over the minor (for example, they are the minor’s teacher, coach or boss) are viewed more harshly.

Misdemeanor statutory rape charges carry a penalty of up to one year of jail time and $1,000 in fines, while felonies carry a maximum sentence of three years in prison. The sentence could be enhanced to carry as many as four years in the state prison if the defendant was over 21 and the alleged victim was under 16 when the intercourse took place. Statutory rape does not require mandatory registration as a sex offender, although this can still be added as part of the sentence.

Problems with Sexual Assault Cases

dna doesn't show consent in rapes

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 and DNA evidence 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 so-called victim versus the word of the alleged assailant. 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.

Defense Evidence Can Help Your Case

It’s important to remember that while many people imagine evidence in a sexual assault case will support the prosecution’s case, your lawyer can use evidence to support your defense as well. This 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.

Watch What You Say to the Police

There are many strong defenses to these cases, which can include insufficient evidence, wrongful accusations, innocence, inaccurate witness identification and more. But just trying to explain that you did not sexually assault someone can sometimes provide the police with evidence against you, which is why working with an attorney is critical when you are accused of such charges. For example, if you say that you don’t know the person who claims they were raped, 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.

On the other hand, in a statutory rape case, arguing that you held the honest belief that the other party was over 18 is a strong defense, but it is easy to say something that can damage your defense without having a San Diego criminal attorney present.

Is Consent a Good Defense?

This is one of the most common defenses people use when accused of any type of sex offense. While consent can be a defense in some sex crimes, like rape, in other cases, arguing that someone consented can actually harm your case. If the victim is not legally considered to be able to consent, as in cases involving a mentally disabled person, an unconscious or drunk person, a minor or even an animal, this can actually be considered a confession.

Unfortunately, many defendants try to excuse themselves by arguing this point. In fact, and in cases where the victim could not legally consent, stating they did so will only be used as evidence against you in your case.

It’s worth noting that if you are accused of acquaintance rape, a common defense is to claim that you thought the victim consented by words or behavior even if she/he didn’t verbally say yes. That being said, the police often try to trick people into saying something that will conflict with an earlier statement or that can be used as a confession, so always refuse to speak to investigators without an attorney present.

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 As Soon As Possible

call a rape defense attorney in San Diego

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.

Facing Rape Accusations?

Let me Help You

When you hire me, I guarantee I will do whatever I can to help defend you from these serious allegations. That starts from the first time you call my office to schedule a free consultation.

san diego rape defense attorney

Convenience and Affordability

I accept all major credit cards and offer live answering services 24 hours a day, 7 days a week with prompt callbacks. I will personally handle your entire legal case from start to finish. My Vista office is located just across the street from the North County San Diego Courthouse and Jail, just off the highway 78. I also have a more centrally-located San Diego office in Carmel Valley off of the I-5 and 805 interchange.

Help Fighting Rape Accusations

My law degree is from the top-rated University of California, Berkeley. I have over 35 years experience and have tried over 100 criminal trials, with a proven track record of success fighting sexual assault charges, including clients who were facing a “third strike” under the state’s three-strikes law.

I Can Help You

Call my Offices Today

San Diego sexual assault lawyer Peter Liss

When you hire me as your San Diego sexual assault lawyer, I will be an advocate for you throughout the course of your case. Depending on the specifics of your situation, this means that as necessary, I will:

  • Advise you about your case and keep you updated about the status
  • Arrange for your arrest to occur away from your home or work
  • Argue for lower bail or no bail
  • Interview witnesses and police
  • Gather evidence to build your defense
  • Make court motions on your behalf
  • Consider all possible defenses, and present the best defenses for your situation
  • Attempt to have the charges reduced. In many cases, this process can begin before you have even been formally charged
  • Negotiate a beneficial plea bargain or represent you in trial
  • Work to secure alternative sentencing or minimize your sentence

Similar Criminal Charges

Other Forms of Sexual Assault

Aside from rape, other charges considered to fall under the umbrella term of “sexual assault” include:

  • Forced sodomy
  • Forced oral copulation
  • Penetration with a foreign object with an unwilling, unknowing, or unconscious victim

Related Offenses

Many defendants will also be charged with other crimes as well, including:

  • Child pornography
  • Child molestation
  • Pimping
  • Criminal invasion of privacy
  • Soliciting sex with a minor
  • Sextortion
  • Indecent exposure
  • Revenge porn
  • Child abuse
  • Child endangerment
  • Child abduction
  • Human trafficking
  • Possession of date rape drugs

Sexual Assault Attorney

With Rape Defense Experience

No matter what specific charges you are facing, it is so important to always contact a San Diego rape defense lawyer as soon as possible when you have been accused of any type of sex crime because trying to defend yourself could result in your saying something that could be seen as a confession.

Take These Charges Seriously

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 crime. If you are accused of rape, do not speak to a law enforcement agent or the victim until you have first spoken with an attorney.

How to Contact Attorney Peter Liss

For skilled IMMEDIATE help with a rape defense in Vista or San Diego, call sex assault lawyer Peter M. Liss:

(760) 643-4050or(858) 486-3024

Call 24/7, any time, any day. I can help you.

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Attorney Peter M. Liss,
(760) 643-4050
380 S Melrose Drive #301
Vista, CA 92081

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Copyright 2003, 2021 Peter M. Liss, Esq.
ALL RIGHTS RESERVED


About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.