Have You Been Charged with a Sex Crime in California? Get the Basics on the Laws That Apply

Have You Been Charged with a Sex Crime in California? Get the Basics on the Laws That Apply

A college student gets caught in the act of sexually abusing an unconscious lady behind a dumpster, and the story is all over the news. He was found guilty of three felonies by a jury, but the court only sentenced him to six months in county jail, despite the fact that he might have faced years in prison.

Everyone has an opinion about the case, but there are also numerous questions. What is the legal distinction between sexual assault and rape in California?

The majority of individuals believe that rape is defined as having intercourse with someone without their choice. However, we recognize that other sexual conduct to which a person has not given their consent might make them feel violated. How do you know what is and isn’t a crime?

To add to the confusion, rape’s legal definition varies from state to state. Legal definitions can also shift throughout time to reflect societal perceptions of what is proper and wrong. Many laws, for example, used to consider rape to be an act against a woman. The law simply did not recognize that males might be raped, and culture did not discuss it either.

What does rape mean under California law?

In California, rape is defined as an act of sexual intercourse against someone’s will, committed with force or the threat of force. They don’t have to establish that any force was used if the victim was unconscious or mentally incapable of providing permission. It was against their will if they couldn’t offer their permission.

When the FBI compiles crime data from throughout the country, it employs a broader definition to decide what constitutes rape: “Any penetration, however little, of the vaginal or anus with any body part or object, or oral penetration by another person’s sex organ, without the victim’s agreement.”

Sexual assault

Some of these activities might be deemed sexual battery under California law (also called sexual assault). Sexual battery is defined in California as touching another person’s private parts without their will for the goal of sexual stimulation, enjoyment, or abuse.

The victim is being held against their will, or they are unable to agree because they are unconscious or unable to comprehend what is happening to them. In the instance at hand, the defendant used his finger to penetrate the victim while she was unconscious, which is a kind of sexual battery.

Creating guidelines for consent

California institutions must now adopt procedures that set an even higher threshold for what constitutes consent (and therefore, what is considered rape). Rather of quitting when your partner says “no,” couples should get an affirmative “yes” (or nonverbal body language) that shows sex is actually consented to.

Someone who is extremely inebriated or perhaps passed out can’t provide their permission consciously. They can’t say no if they want to stop it, but they also can’t say yes if they don’t understand what they’re doing.

When you require the services of an attorney

Although school regulations can have substantial implications for students (such as expulsion or the loss of a scholarship), they are not the same as California criminal law, which is what can get you arrested. In California, sexual violence and rape are both very severe offenses. Sexual battery carries a maximum sentence of four years in state prison. Rape may keep you in prison for up to eight years. You may face a lengthier sentence if you used a gun or other lethal weapon.

Contact top criminal defense attorney Chambers Law Firm now by calling 714-760-4088 if you are facing rape or sexual assault charges in Southern California.

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