Long Beach Rape Defense Lawyer
Under California state law, rape occurs any time that two people engage in sexual intercourse without the consent of one of the parties. This is not limited to cases in which the victim was overpowered by force or threats of violence or was compelled by duress or fraud. It also includes situations in which the victim was unable to provide consent.
Charged With Rape Or Sexual Assault
Legally, an individual under the age of 18 cannot provide consent to have sex. The same is true of people who are mentally retarded, who are unconscious or are severely intoxicated. In any of these cases, the alleged perpetrator may be arrested, charged with a felony and sentenced to spend years in prison and to register as a sex offender for the rest of his life.
Fortunately, there are many proven criminal defense strategies which can be used to fight against allegations of rape. For example, it may be possible to demonstrate that you have been falsely accused by a former lover who is retaliating against you for ending the relationship or for being unfaithful. In other cases it can be argued that the defendant had reason to believe that the other party had consented, such as if two people began to have sex but the alleged victim failed to communicate that he or she no longer wished to continue. In some cases it may even be possible to argue that the suspect has been mistakenly identified as the perpetrator in a case where the perpetrator and victim do not have a preexisting relationship.
You Need Effective Legal Representation
One thing you must not do after being accused of rape is to have any contact with the accuser. Investigators will sometimes have an alleged victim make a phone call to the suspect, requesting an explanation or an apology. Unbeknownst to the suspect, the call is being recorded for later use as evidence in court. Safeguard your rights and protect your future by hiring a Long Beach criminal defense attorney from the Law Offices of Falangetti & Weimortz to represent you. We have extensive experience representing clients charged with Rape and other sexual offenses and have a proven record of providing our clients with favorable results.
Call us now at (562) 256-7140 to schedule a no-cost legal consultation. A rape conviction can mean long prison sentences and social stigmas. Make sure you have effective legal counsel so your rights are protected.