Acting with another person to commit a rape is criminal offense in California
You may have heard the term “gang rape,” on TV or in a movie, or simply by watching the news. It isn’t always clear what this term means. It implies that a large number of people committed a rape, but that isn’t always the case. In California, a person can be charged with rape in concert — commonly known as gang rape — for working together with one other person to commit a sex crime.
According to a sex crimes defense lawyer in Los Angeles County, CA, the crime of “rape in concert” is defined as voluntarily acting in concert with another person, by force or violence and against the will of the victim to commit rape, either personally or by aiding and abetting the other person…”. Under this law, acting in concert can happen by personally committing rape while someone else is assisting in the rape, or assisting someone else who commits forcible rape. In essence, rape in concert or gang rape is charged whenever two or more people work together to commit rape.
Importantly, a person can be charged with gang rape even if they did not rape the alleged victim. It is enough to “aid and abet” the perpetrator of the rape. Aiding and abetting means that you know that the other person plans to commit a crime, you intend to help them carry out the crime, and that you actually assist or encourage the rape through words or actions. Importantly, you don’t have to be physically present or physically helping to aid and abet a crime.
Gang rape is a felony offense. The penalty for a conviction on this charge are based on the age of the victim. For a minor under the age of 14, the maximum jail time is 14 years in California state prison. For a minor between the ages of 14 and 18, the prison sentence will be up to 11 years. Finally, if the victim is an adult over the age of 18, then the maximum prison sentence is 9 years. These sentences are on top of any other penalties for the underlying crime. For example, if you personally raped someone while another person assisted you, you could be charged for both the rape and gang rape as well.
Defending against this type of charge can be difficult. However, a sex crimes defense lawyer in Los Angeles County, CA can work with you to develop a defense to this charge. The specific defense used will depend on the facts of the case.
At the Chambers Law Firm, we have substantial experience defending clients who have been charged with sexually-based offenses, including gang rape. If you have been charged with a sex crime, we can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a sex crimes defense lawyer in Los Angeles County, CA.
