An accusation of rape is a serious matter. Unfortunately, sometimes people make false accusations. If you have been accused of rape, date rape, or using roofies, you might feel like you have nowhere to turn where you can tell your side of the story. Fortunately, you can trust Southern California’s top criminal defense attorney, Dan E. Chambers, with your defense.
The Law in California
In California, rape is defined broadly as sex without consent under a variety of circumstances. It includes situations where the victim was threatened with violence or other harm if they didn’t have sex. It also includes situations where the defendant knew that the victim couldn’t give consent because they were unconscious, asleep, or too “out of it” to resist.
In fact, in California, if one partner changes their mind and wants to stop in the middle of the sex act, and the other partner forces them to continue, that is also considered rape. In that situation, the partner that wanted to stop must have clearly communicated (using words or actions) in a way that a reasonable person would have understood that it. Unfortunately, it’s often just one person’s word against another’s.
Serious crime, serious consequences
Rape is a felony, and it has serious punishments because it is such a personal violation of the victim (who could be either male or female). Consequently, California law has heavy penalties for rape, including up to eight years in state prison and fines of up to $10,000. If the victim was seriously injured, you could receive up to five more years in prison.
Even if you receive a lighter sentence, a rape conviction is not just a problem that’s just going to go away after a few years. If you are convicted of rape, you will have to register as a sex offender—for the rest of your life. Don’t take a chance on your defense with an unqualified attorney! Get an expert like Dan E. Chambers to defend you.
Possession of date rape drugs
If you have been accused of using date rape drugs (sometimes known as roofies), you may be facing additional charges. Although the most common substance used in rape is actually alcohol, sometimes a combination of alcohol and date rape drugs are used.
Some of these drugs, like Ambien, are perfectly legal in the US with a prescription. Others are only legal when used by veterinarians on animals, or are completely illegal in the US, such as Rohypnol. Rohypnol was notorious several years ago as a date rape drug, because it was colorless and tasteless in alcohol. Since then, the manufacturer has modified it so that it dyes light-colored alcoholic drinks blue, and makes darker drinks look cloudy.
Now legal prescription drugs like Ambien are more commonly used as date rape drugs. But even though they are legal, prescription drugs are still controlled substances. Like illegal drugs, you can face criminal drug charges if you are caught possessing a legal drug without a prescription.
In 2014, Proposition 47 lowered the maximum penalties for simple possession, so you might only face a fine of $1,000 and up to 1 year in jail. However, you might still be convicted of a felony if you have prior convictions for murder, rape, certain sex offenses or drug crimes, or are required to register as sex offender.
Questions about your own case?
If you’ve been accused of rape, date rape, or using roofies, don’t wait to talk to expert southern California criminal defense attorney Dan E. Chambers. Dan has the skills and experience to evaluate the prosecution’s evidence against you and determine how to combat that evidence. Don’t hesitate to call 714-760-4088 or email dchambers@clfca.com to make an appointment today.
