San Diego Rape Lawyer
Rape is a very serious criminal offense that entails harsh penalties in California. If the police arrested you and accused you of such an offense, you need a San Diego rape defense attorney to represent your interests in court and fight the charges against you. Contact George H. Ramos, Jr. today to schedule a free consultation with a San Diego rape lawyer.
Why Choose George Ramos?
- George Ramos has more than 20 years experience handling criminal defense representation for clients in California.
- As a former prosecutor George Ramos is intimately familiar with both sides of the California judicial system. Attorney Ramos has worked in the San Diego City Attorney’s Office for 8 years before starting his defense firm in 2002.
- Our firm believes in close, personalized criminal defense representation. We will launch an investigation into your case to verify the prosecution’s evidence.
- We offer free consultations. Everyone in need of a defense attorney in San Diego can meet with an attorney and understand his or her position better without making a financial commitment for representation.
How Can a San Diego Rape Defense Attorney Help?
Rape is a serious and complex offense. Unfortunately, the evidence does not always clearly indicate guilt or innocence. These cases often reduce to “he said, she said” situations.
On one hand, a lack of evidence or investigative or procedural errors could allow a rapist to walk free unjustly. On the other, a false accusation of rape or sexual assault can have very severe consequences for the accused individual. False accusations can alter one’s personal life, career, and standing in the community.
A criminal defense attorney can:
- analyze the evidence against you to determine its validity
- look for additional evidence that helps support your case
- represent you during a criminal trial
- explore your options for pleading to a lesser charge with lighter penalties
- gather exculpatory evidence that proves your innocence after a false accusation
What is Rape?
California Penal Code Section 261 defines rape as the act of performing sexual intercourse with an unwilling person. If an individual does not consent to sexual activity, any person who forces such activity upon the non-consenting person is guilty of rape.
Rape applies to sexual intercourse with an individual incapable of providing consent, such as an individual with a developmental disorder, mental deficiency or physical disability.
Rape does not need to entail violence to qualify as a criminal charge; an individual who subdues another person using alcohol or drugs to commit a sexual act while he or she is incapacitated also commits rape.
Rape Prosecution in San Diego
There are different types of rape in the California Penal Code, including general non-spousal rape, spousal rape, statutory rape, and associated crimes of a sexual nature. Generally, a rape conviction can lead to a sentence of three, six, or eight years in state prison but there are additional factors that could increase this penalty.
For example, a perpetrator faces a much harsher sentence for the rape of a minor than another adult. If he or she acted in concert with another party to conduct a rape or sexual assault, the penalties may be more severe.
Rape Crime Defenses
Consent is the most often used defense in rape cases; the accused rapist could claim the victim consented to the sexual activity. This creates a difficult situation as a defendant’s attorney may attempt to use the victim’s sexual history to corroborate the defendant’s claim of consent, and most state rape shield laws prevent this type of investigation without proper justification.
Proving rape that occurs between two adults of sound mind can be difficult. Consent is not an acceptable defense when the victim is unable to provide informed consent. Inability to provide informed consent can include a child or an individual with a developmental or mental disability.
If you have been accused of rape in San Diego, contact George H. Ramos, Jr. today to schedule a free consultation with a defense attorney and find out how our firm can help you navigate the charges against you.