California Penal Code Section 261
by
Randy Collins on Feb. 24, 2012
Summary: Rape is when someone has sex with someone else without their permission, and this is done through aggression, menacing, deceit or peril.
Definition
Rape under California Penal Code Section 261, is a criminal offense and it is normally filed as felony. Rape is when someone has sex with someone else without their permission, and this is done through aggression, menacing, deceit or peril.
Example
A perpetrator holds down a stranger to commit the act of sex.
Elements of the Crime
In order to take a Rape CPC 261 case to trial, certain elements of the crime will have to be proven. This includes:
- The defendant had sexual intercourse with an individual without their permission
- The defendant did this act by being aggressive to the victim, threatening the victim, deceiving the victim, or putting the victim in danger
Punishments for CPC 261
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the individual’s criminal history, and whether the rape victim suffered physical injury.
When found guilty of Rape, it is usually filed as felony, which is punishable by 3,6/8 years in prison, up to ten thousand dollars in fines, a formal probation, and registration as a sex offender.
Legal Defenses for California Penal Code 261
A good lawyer can present many legal and valid defenses for Rape charges under California Penal Code 261 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended those who were falsely accused of Rape. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Rape.
Learn more about other California Section Penal Codes here