San Bernardino Sexual Assault Attorney

Defending Californians who have been accused of rape or statutory rape in San Bernardino.

If you have been accused of rape or statutory rape, you must take these charges seriously. Rape is one of the most serious felony charges that you can be charged with, and the penalties may include substantial fines, prison time and registering as a sex offender. For the best legal representation, contact the Law Offices of David S. Chesley for a consultation with one of our San Bernardino criminal defense attorneys.

What is Rape?

Rape is a criminal offense under California Penal Code 261 and involves non-consensual intercourse by using force, fear or fraud. While it is illegal to rape a spouse under Penal Code 262, Penal Code 261 only applies to two individuals who are not married.

In order for the prosecutor to find you guilty of rape, they must prove the following:

• You had sexual intercourse with the victim
• You were not married at the time of intercourse
• The victim did not consent to intercourse
• You used force, fear, violence, duress or threat to carry out the intercourse

Sexual intercourse occurs with any penetration, no matter how slight it may be. This is one of the many reasons why these cases are so difficult to make sense of. Evidence is often lacking, therefore it becomes a he said/she said battle. And, if the victim was under the influence of drugs or alcohol at the time of the assault, recalling accurate events becomes almost impossible.

What is Statutory Rape?

Statutory rape happens when a person 18 or over has sexual intercourse with someone younger than 18. In San Bernardino, 18 is the consenting age, so anyone under this age cannot legally consent to have sex. If you have sexual relations with someone under the age of 18, and you are 18 or over and not married to them, you can be found guilty of statutory rape under California Penal Code 261.5.

The unsettling part about a statutory rape charge is that you can be in a committed, mutually rewarding relationship and still be found guilty. Imagine having to register as a sex offender just for being in a relationship with someone under the age of 18! If you are accused of having sex with someone under the legal age of consent, align yourself with the best San Bernardino rape defense lawyer immediately. You would hate to have one relationship ruin the rest of your life.

Legal Defenses to Rape Charges in San Bernardino

Because so many of these accusations are he said/she said, it’s important to have a defense prepared. You have no idea what the victim is going to suggest in order to get the jury on their side. Juries tend to side with the victims because they feel sorry for them, but this is no reason to automatically blame the other person and assume they did something wrong.

Our criminal defense attorneys in San Bernardino may use one of the following defenses to support your case:

• Intercourse was consensual. Rape can only occur when the person does not consent to sex. If intercourse was mutual, you are not guilty of rape.
• Mistaken identity. If the alleged victim was attacked by a stranger or inebriated at the time of the assault, they probably can’t properly identify the perpetrator.
• Problems with the investigation. Rape cases tend to have little, if any, evidence. As a result, law enforcement will sometimes collect evidence through illegal search and seizures. If any evidence was collected this way, you may be able to exclude it from the trial.

For statutory rape, legal defenses may include:

• Reasonable mistake of age. In order to use this as your defense, you must have a reasonable reason for why you thought this was the case. For example, does the person look and dress older? Carry a fake ID? Did you meet at a 21+ bar?
• False accusation. You can only be charged with statutory rape if you had sex with someone. Sometimes, people lie about these cases to hurt the other person or get revenge. If you did not have sex with the person, you are not guilty of PC 261.5.
• If you are married to the minor, you can legally have sexual intercourse with them. This is the only exception. Otherwise, in California, the legal age of consent is 18.

San Bernardino Penalties for Rape and Statutory Rape

Rape is a felony offense that is punishable by up to three, six or eight years in prison. If the victim is under the age of 18, the sentence may increase to seven, nine or eleven years. Monetary fines and restitution are usually part of the deal, too, as well as registering as a sex offender. Rape falls under California’s Three Strike Law that gives harsher penalties to reoffenders.

A statutory rape charge is considered a “wobbler crime” that can be charged as a misdemeanor or felony. What determines this is the age difference between you and the other individual. If the age difference is slight (typically three years or less), you will most likely be charged with a misdemeanor.

Misdemeanor convictions can involve up to one year in jail, monetary fines and registering as a sex offender. Felony convictions may require sixteen months, two years or three years in jail, as well as being added to the sex offender database. Registering as a sex offender is damaging to one’s image, career and relationships. To protect your best interests, you need legal representation from the best San Bernardino sexual assault attorneys.

Schedule Your Free Consultation

The Law Offices of David S. Chesley offer free consultations to those who would like to discuss their circumstances. If you have been accused of rape or statutory rape, do not delay in getting yourself quality representation. Our affordable criminal defense lawyers in San Bernardino will review your case and advise you on the best steps to take to protect your future.