Menu Close

California Date Rape: Penal Code 261 PC

Los angeles Date Rape defense lawyer

California Date Rape: Penal Code 261 PC

California “date rape” laws are governed under Penal Code 261 PC. The term “date rape” is often used to describe nonconsensual sexual intercourse between persons who (1) are or were dating, or (2) are voluntarily spending time with one another. Both California rape charges and “date rape” charges are prosecuted and punished under Penal Code 261 PC, per California’s rape law.

How Does Date Rape Occur?

Date rape occurs in situations where person dating or in a current relationship with some individual rapes that individual. Certain drugs, such as GHB and Rohypnol, are commonly associated with date rape, as they have been used to intoxicate the rapists’ victims. Date rape drugs can render the victim unconscious and easily susceptible to sexual assault. Possessing common date rape drugs with the intent to commit sexual assault or rape could lead to felony charges.

Involuntary Intoxication: Date Rape

Date rape by involuntary intoxication? If you or someone else secretly provides an individual with alcohol or drugs commonly referred to as “date rape drugs”. Certain drugs, such as GHB and Rohypnol, are commonly associated with date rape, as they have been used to intoxicate the rapists’ victims. Date rape drugs can render the victim unconscious, which renders the victim being  unable to resist or consent to sexual intercourse, and you then engage in sexual intercourse with that victim, California prosecutors could charge you with California date rape, pursuant to Penal Code 261 PC rape.

How May Date Rape Occur:

Date rape may occur in a number of ways, below are a few examples:

  • If Defendant gives the victim any form of date rape drug, alcohol, or any form of drug with the intention of getting them intoxicated and then engage in sexual intercourse
  • If the defendant used physical force, duress, or threats;
  • If the victim reacted due to fear of physical harm or physical harm to another person;
  • If the victim lacked the ability to consent to sexual intercourse, which includes the victim being intoxicated, physically disabled, or having any cognitive delays;
  • If the victim was unconscious, asleep, or not aware that sexual intercourse was happening;

Rape with a Foreign Object: Forcible Penetration with a Foreign Object

Rape with a foreign object, also known as “forcible penetration with a foreign object”, if an individual’s vagina or anus is penetrated without their consent using a foreign object such as fingers, sex toys, and other objects. The lack of ability to give consent can include circumstances where the victim is intoxicated, disabled or unconscious. California Penal Code 289 outlines the crime of Forcible Penetration with a Foreign Object.

Los Angeles Date Rape Defense Lawyer Can Help

A Los Angeles date rape defense lawyer can help you fight date rape charges and provide a proper defense. If you or loved one is charged with Penal Code 261 PC or any other sex crime and you are looking to hire an attorney for representation, we invite you to contact our Los Angeles criminal defense attorney for a free consultation. Call the Manuelian Law Firm at (213) 401-2777 today.

Leave a Reply

Your email address will not be published. Required fields are marked *

Call Now