Can Elder Sexual Abuse Also Be Charged As Rape?

Depending on the facts of the case, elder sexual abuse may also be charged as rape.

Can Elder Sexual Abuse Also Be Charged As Rape?

Older Americans are often incredibly vulnerable. That is why California has enacted a series of laws specifically designed to protect seniors, defined as individuals who are 65 or older. Under these laws, if you commit a crime against a senior, you may face criminal charges for elder abuse. In addition, depending on the type of abuse involved, you may also face separate criminal charges.

Such is the case with elder sexual abuse. According to a seasoned elder abuse lawyer in Orange County, CA, sexual abuse is a specific type of elder abuse that can lead to a criminal charge. However, if the abuse was committed in a particular manner or if the alleged victim was unable to consent to sexual activity, then prosecutors may charge a defendant with both elder abuse and rape.

Under California law, rape is charged when a person has nonconsensual sexual intercourse, accomplished by means of force, threats or fraud. In elder abuse situations, however, rape is often charged when the elder is incapacitated or incapable of giving consent, often due to the progression of age-related illnesses, such as dementia. However, there have been cases where a defendant is charged with forcible rape of an elder — many of whom lack the strength to fight off this type of abuse.

In California, rape is a felony offense, punishable by between three to eight years in state prison. In addition, anyone convicted of rape of an elder would likely also be facing a conviction for elder abuse.

Elder abuse may be charged as either a felony or a misdemeanor under California law, depending on the facts of the case. As a skilled elder abuse lawyer in Orange County, CA can explain, a charge of elder abuse requires that an individual willfully or with criminal negligence subjected an elder to unjustifiable physical pain or mental suffering or allowed another to do so, while knowing that the alleged victim was an elder. The distinction between the two charges is whether the conduct was likely to produce great bodily injury or death (felony) or if it may have endangered the life or health of the elder (misdemeanor).

Sexual abuse of an elder, if proven, would likely be considered as either a felony or misdemeanor elder abuse offense. Even if the abuse did not constitute rape, prosecutors may still charge a defendant with related criminal offenses, such as lewd or lascivious acts.

Understanding that abusing an elder can lead to multiple criminal charges is important, as it can significant increase the potential penalty range for this type of crime. It is critical to hire an experienced elder abuse lawyer in Orange County, CA if you have been charged with any type of elder abuse. Your attorney can put together strong factual and legal defenses to the charges, work to have the charges dismissed or reduced, negotiate the most favorable plea deal based on the facts of the case, or take the case to trial if necessary.

The Chambers Law Firm represents individuals at all stages of the criminal justice process. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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