Rape

San Diego Rape Attorney

If you have been arrested or accused of rape, contact an experienced San Diego attorney at (619) 235-5638 for an evaluation of your case.  The sooner you call the better your chances of protecting your freedom and future.

California Penal Code section 261, defines rape as an act of sexual intercourse with someone other than the perpetrator’s spouse under any of the following circumstances:

  • Where the victim is incapable of giving consent because of a mental disorder of a physical disability. The victim’s disorder or disability must be known or should reasonably be known to the perpetrator.
  • Where the act is done by force, violence, duress, menace, or fear of injury to the victim or another person.
  • Where the victim is under the influence of alcohol or any drug to where he or she is unable to resist the perpetrator, and the perpetrator knows or should know about the victim’s condition.
  • Where the victim was unconscious or asleep.

Rape can also occur between spouses. California Penal Code 262 makes it illegal for an act of sexual intercourse between spouses where the act is done through force or threat, while the victim is unconscious or intoxicated and unable to resist.

Rape is a felony and punishable by up to eight years in prison. Where the victim is a minor, a conviction can result in a prison term of up to 13 years.

Hire an experienced San Diego rape attorney.  Stephen G. Cline has been practicing San Diego criminal defense for 20 years.  His reputation and experience will be the key to the aggressive defense of your San Diego case.  Call today at (619) 235-5638 to review your specific case!