Tampa Criminal Lawyer Blog
Authored by Paul J. Wallin of Wallin & Klarich | A Law Corporation
If you’ve been accused of rape in California, and you live in Tampa, Florida you need to be aware that the state of California will likely extradite you so that you can be tried for this very serious crime. This means California can take the legal action necessary to physically return you to California. (This is called extradition). Therefore, speaking to an attorney experienced in rape charges in California can make the difference in your case. At Wallin & Klarich we have over 30 years of experience defending clients accused of rape.
What is rape under California Penal Code 261?
Rape is a type of sexual assault, which involves sexual intercourse initiated by one or more persons against another person without that person’s consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent, such as one who is unconscious, incapacitated, or below the legal age of consent (under 18 years old).
To be prosecuted for rape in California, the district attorney’s office will need to prove beyond a reasonable doubt every element of the crime. Testimony from the alleged victim of the crime is sufficient to establish guilt without the need for physical evidence if the jury believes the testimony beyond a reasonable doubt.
Potential defenses to rape charges
Defenses to a rape charge in California can include (1) consensual sexual activity, or (2) someone other than the defendant is responsible for committing the rape. Also, lack of consent may be difficult for the prosecutor to prove. With a crime as potentially life-altering as rape, it is a good idea to retain an experienced California criminal defense attorney who specializes in sex offenses to help you protect your freedom.
A rape conviction in California will lead to additional consequences in Florida In California, rape is punishable by three, six, or eight years in state prison. If the victim is a child under 14 years old, the penalty increases to 9, 11, or 13 years in state prison. Because it is a sex crime in Florida, contact Tampa criminal lawyer Jason Mayberry.