California Penal Code 261 PC Rape involves nonconsensual sexual intercourse by means of threats, force or fraud. Rape under California Penal Code Section 261 PC does not require that the defendant to be married to the victim.
Elements of Rape Penal Code 261
The crime of rape contains the following elements, all of which must be proven beyond a reasonable doubt:
- The defendant had sexual intercourse with a woman or man;
- They were not married at the time of the intercourse;
- The other party did not consent to the intercourse; and
- The defendant accomplished the intercourse by using one or more of the following:
- Fear of immediate bodily injury (to the victim or someone else)
- Threat of future retaliation
- Threatening to use the authority of a public office to incarcerate, arrest or deport someone.
Defenses to Rape Penal Code 261
There are a few defenses to rape include false accusation. Moreover, a defendant would not guilty of rape if the defendant reasonably believed that the person consented to the intercourse. Consent can often be a tricky issue that can be open to a number of reasonable interpretations.
Los Angeles Rape Defense Attorney
If you or a loved one has been charges with Rape under Penal Code 261 or any other sex crimes we invite you to contact our Los Angeles rape defense attorney today at (213) 401-2777 today for a free consultation and case review.