If you have been arrested or charged with rape in Oakland, contact Lamano Law Office immediately. Rape is a serious charge that comes with severe penalties. Beyond prison time and fines, a rape conviction can impact your reputation, job, and relationships. Simply being accused can have damaging consequences — even if you are eventually found innocent.
At Lamano Law Office, we understand the battle ahead. Our experienced lawyers see you as a person, not just the charges against you. Let us review your case and develop an effective defense strategy. You can count on us to protect your rights and fight for your freedom and future.
Our attorneys are available 24/7, so you can reach us whenever you need us. Call or contact us online today for a consultation with an Oakland rape defense attorney.
Types of Rape Charges in California
According to California Penal Code 261(a), rape is an act of sexual intercourse committed with
- Threats, force, or violence against the victim or others
- Lack of consent from the victim due to unconsciousness, intoxication, or disability
- Deception or fraud
Below are six sexual offenses related to rape. They are:
- Statutory rape– Statutory rape involves a person engaging in sexual intercourse with someone under 18, even if the minor initiates sex or gives consent.
- Forcible oral copulation– Oral copulation by fear or force refers to non-consensual contact between a person’s mouth and someone else’s anus or genitals. It can result from violence, coercion, or because the victim is unconscious, intoxicated, or unable to give legal consent.
- Rape of a peson diabled physically or mentally – Here, the person accused of rape should have known the person’s incapability and the alleged victim was incapable of giving legal consent because of a mental disorder or developmental or physical disability
- Sexual battery– Sexual battery is touching someone’s intimate parts for abuse, sexual gratification, or arousal.
- Forcible penetration with a foreign object– This occurs when a person uses violence or force to sexually penetrate someone else with a foreign or unknown object without consent.
- Spousal rape– A married person who has sexual intercourse with their spouse without consent may face spousal rape charges.
Rape when an online date or hook up has gone wrong
Contact Lamano Law Office immediately if you face any type of rape charge. An Oakland rape defense attorney will review your case and determine how we can help.
Criminal Penalties for a Rape Conviction
California has harsh penalties for people convicted of rape. The offense sometimes carries a mandatory sentence of three, six, or eight years in state prison. The length of incarceration increases depending on the victim’s age:
- Under 14 – 9, 11, or 13 years
- 14 years old or older – 7, 9, or 11 years
A common consideration is also the age difference between the alleged victim and aggressor.
Anyone convicted of rape must also register as a sex offender. State law requires registering for up to 20 years or life, depending on the factors involved in the case. Lifetime registration is mandatory if the victim is a minor.
A person commits statutory rape if they are 18 years old and have sexual intercourse with a minor. The circumstances of the offense affect the duration of imprisonment for statutory rape:
- Minor more than 3 years younger than the adult – Possibly up to 1 year in county jail or prison time if there are special circumstances like a vulnerable victim or great bodily injury
- Adult at least 21 years old and a minor under 16 – Anywhere between 1 year in county jail or imprisonment in state prison for 2, 3, or 4 years
Engaging in unlawful sexual intercourse with someone underage can also lead to financial penalties, such as:
- Up to $2,000, if the minor is less than two years younger than the adult
- No more than $5,000, if the minor is at least two years younger than the adult
- A maximum of $10,000, if the minor is at least three years younger than the adult
- Up to $25,000, if the minor is under 16 and the adult is over 21
- Any restitution claims by the victim including hospital and therapy costs
Sexual battery is a misdemeanor offense. Sentencing for sexual battery includes:
- Up to 1 year in county jail with possible alternatives such as weekend jail, electronic monitoring, or a rehabilitation program if approved by the court
- Up to a $2,000 fine
- Both fines and jail time
- Probation for up to 3 years
- Classes if imposed by the court
- A conviction on your record
- Restitution to make the victim(s) whole
Sexual battery becomes a felony if:
- The offender or an accomplice restrains the victim.
- The victim is in a facility for a serious disability or medical incapacitation.
- The victim is unaware of the crime because the accused says the act serves a professional purpose
- If there is great bodily injury or special circumstances involved
If convicted of felony sexual battery, individuals could face up to four years in state prison and up to a $10,000 fine.
How Megan’s Law Can Affect Your Privacy
California enacted Megan’s Law in 1996. The law requires the state Department of Justice to inform the public of specific registered sex offenders. It also authorizes local law enforcement to notify the public of sex offenders who pose a risk to public safety.
Megan’s Law strips convicted sex offenders of their privacy. No matter where you live, work, or spend your free time, the general public can find out about your rape conviction. An experienced criminal defense attorney will work to fight the charges against you and protect your privacy moving forward.
Defending Yourself Against a Rape Charge
At Lamano Law Office, we strongly recommend that you don’t try to represent yourself in court. Too much is on the line if you’re accused of rape. The prosecutor knows the court system and won’t hold back in pursuing a conviction.
There’s no one-size-fits-all approach to any criminal case. A rape defense attorney can build a strong defense based on the unique facts of your situation. Possible defenses include:
- The accusations against you are false.
- The alleged victim gave consent to the sexual act.
- There is not enough evidence to prove that rape occurred.
- The victim or a witness incorrectly identified you as the perpetrator.
You don’t have to go through this terrifying ordeal alone. Our dedicated lawyers will guide you through the legal process and fight for your rights.
If you have a loved one accused of Rape and they are in custody, there are many things you can do to find information and help their case. Here is a video that might help:
Contact a Dedicated Criminal Defense Attorney Today
Being charged with a crime does not mean you’re guilty. Lamano Law Office can start investigating your case and develop a rape defense strategy for you immediately. Our law firm has a 98% success rate of keeping our clients out of jail. We are an all woman law firm that takes a holistic approach to criminal defense which means our goal is not only to get you out of trouble, but hopefully identify what you can do to avoid criminal allegations in the future. There is a reason we have 100% five-star reviews. We know what it takes to protect your reputation and freedom. Call or contact us today to schedule a consultation in our Oakland office.