Being charged with rape in any state is an extremely serious allegation. Allegations of rape can leave you with a permanent black mark on your character and a negative stigma that will be hard (if ever) to rid yourself of, but being convicted of rape can bring unimaginable consequences that will last a lifetime.
Does rape only occur by physical force? NO. Rape isn’t just forcing sex on someone. It can happen without force, too, but by using other non-physical force, manipulation, or threat in order to have sexual intercourse. Examples of this may include: getting out of a ticket if you have sex with the police officer; getting an A on the test if you sleep with the professor; have sex with someone after they drank too much at the bar and passed out; get a lower price on a new car by engaging in sex with the dealer; etc.
Key Terms to Know When Faced with Rape Charges:
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Rape engaging in sexual intercourse with someone against his/her will
- Any penetration, no matter how short a time it occurred, is grounds for rape to exist (CA Penal Code 263)
- Consent occurs when an individual willingly and knowingly agrees to engage in sexual intercourse
- Minor any individual under the age of 18 years old
How much is the bail for charges of rape in California?
Rape is a felony offense. According to the 2022 Uniform Bail Schedule by the Superior Court of California, the amount for rape charges in Orange County, California is $100,000 per each count alleged against you. Bail-bond amount for a rape charge in Los Angeles County, California is also $100,000; however, not all counties are the same. A rape charge in San Bernardino County, California, for example, carries a bail-bond amount of $250,000. Because the state of California mandates that bail bond companies cannot charge more than a 10% premium of the bond amount, the price that must be paid for bail on a $100,000 bond for rape under California Penal Code Section 261 is $10,000. It’s important to keep in mind that not all accused persons can be released on bail. Depending on the exact facts surrounding a felony offense, the alleged person may not be entitled to receive bail. Section B on page 4 of the 2022 Uniform Bail Schedule for Orange County, CA outlines these bail exclusions. Due to the high amount of bail, many times the defendant can request a bail hearing to discuss the possibility of a lowered bail amount. However, in cases involving major crimes—such as rape—the bail amount is generally very high and will very rarely considered to be lowered. Once out, it is essential that you comply with any and all of your release conditions. If any of these terms are violated while you are out on bail, the judge can immediately revoke your bail and send you straight to jail. Once your case is completely over, the bail amount that you paid to be released from jail will be reimbursed to you minus the bail-bondsman fee. If any collateral was required in addition to the bail, it will be released back to you, too. Mr. Nice Guy Bail Bonds is a local company based in Santa Ana, California that is ready to help you 24/7 with all of your bail bond needs.
When should I contact a lawyer?
Being accused of rape can be an extremely shocking and scary time, especially for the individuals that are caught completely off-guard with the preposterous charges that seemed to mysteriously manifest out of thin air. It’s important to quickly find an experienced defense attorney that specializes in rape cases and is well-versed in all that your case will entail. Depending on the circumstances, or if you have a lawyer already, it’s advisable to discuss the specifics of your case with him or her first before posting the standard bail amount. Sometimes, attorneys are able to have the bail amount greatly reduced or dismissed altogether. Regardless, do not wait until the last minute before your initial court appearance to find and hire a lawyer. Having someone on your side that is knowledgeable about your alleged crime and willing to go above and beyond to help you each step of the way is vital in ensuring the best result possible regarding your case. An experienced and reputable defense lawyer will also do their absolute best to work with the district attorney to help to secure you an acceptable plea bargain, if it comes to that, instead of facing maximum punishment. Unlike being charged with most other crimes, being charged with rape attaches a certain label to you in jail—a dangerous one. Posting bail as soon as possible is imperative for ensuring your safety against individuals in jail that may not take too lightly to your rape charge. Once bail has been posted, immediately try to resume your normal life. Maintaining a job and keeping up with your other responsibilities will go a long way with the judge. On top of that, it will look much better if you show up for your court appearance dressed in your best attire (instead of a jail jumpsuit).
How long does it take to be released on bail?
If you find yourself behind bars on accusations of rape, remember to be patient with whoever is posting your bail. General rule of thumb is that the larger the jail, the longer it will take to be released. Orange County jails usually do not take near as long to release you after your bail is posted, typically less than 12 hours at the very most. It can take anywhere from just a few minutes to a full 24-hours or even longer to be released after having your bail posted in Los Angeles County jail.
Factors that can cause delays in being released from jail:
- fingerprinting
- warrant checks
- time of day (delays during shift changes)
- heavy-processing traffic (such as during a holiday season)
- shortage of staff
Rape Charges under California Penal Code 261
Rape, as laid out in California Penal Code 261, is an act of nonconsensual sexual intercourse accomplished with a person (not the spouse of the perpetrator) under any of the following circumstances:
- the alleged victim is incapable of giving legal consent because of a mental or physical disability
- against the alleged victim’s will by means of force, violence, or fear of immediate bodily harm
- the alleged victim is intoxicated by alcohol, drugs, or other mind-altering substance ( ex: date rape)
- the alleged victim is unconscious, asleep or unaware of the act
- the alleged victim is convinced to engage in sexual intercourse due to false pretenses, false representation, or other fraudulent means
- the alleged victim is under duress (ex: sleep with boss or be fired)
What are the possible penalties if found guilty of CVC 261 charges?
- felony listed on permanent record
- 3, 6, or 8 years in the CA State Prison
- a fine of up to $10,000
- a formal probation with up to 1 year in county jail
- required to register as a sex offender—lasts forever; under CA Penal Code 290, failure to register as a sex offender can result in an additional felony
- strike towards the CA Three Strikes Law
- up to $10,000 in additional fines and an additional 3-5 years (sentence enhancements) if bodily injury occurred during the rape
Other Examples of Rape Crimes and Punishments:
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Statutory Rape (CA Penal Code 261.5)- the unlawful sexual intercourse with a minor under the age of 18.
- If the child is 14-17 years old, the punishment is 7, 9, or 11 years in CA state prison.
- If the child is under 14 years old, the punishment is 9, 11, or 13 years in state prison.
- If the minor is not more than 3 years older or younger than the perpetrator, the punishment is 1-3 years in county jail. This charge is a MIDEMEANOR.
- If the minor is under 16 years old and the accused is 21 or older, the charge can be a misdemeanor or felony. The punishment is up to 1 year in county jail, or pursuant to subdivision h of Section 1170 for 2, 3, or 4 years.
- Accused may also be held civilly liable. If an adult has unlawful sexual intercourse:
- with a minor less than 2 years younger, than the adult may be fined up to $2,000
- with a minor at least 2 years younger, than the adult may be fined up to $5,000
- with a minor at least 3 years younger, than the adult may be fined up to $10,000
- with a minor under age 16, and the adult is over 21 years old, the fine may be up to $25,000
- If charged with rape of a minor, there’s a strong possibility that you will also be charged with lewd or lascivious acts with a child. This charge can be a misdemeanor or a felony depending on the specifics of the case.
- Accused may also be held civilly liable. If an adult has unlawful sexual intercourse:
- Spousal Rape (CA Penal Code 262)- Same penalties apply as with non-spousal rape between two adults. If probation is granted, instead of a fine being imposed, the judge may mandate the defendant pay up to $1,000 to a battered women’s shelter and/or pay for counseling or other reasonable expenses for the victim that the court deems necessary and acceptable.
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Gang Rape (CA Penal Code 264.1)- voluntarily acting with one or more persons to commit the act of rape. (The below punishments do no preclude prosecution under other sections.)
- punishable by 10, 12, or 14 years if the victim is under 14 years old
- punishable by 7, 9, or 11 years if the victim is 14-17 years old
- punishable by 5, 7, or 9 years in California State Prison if the victim is an adult
- If the child is 14-17 years old, the punishment is 7, 9, or 11 years in CA state prison.
Common Rape Defenses:
- there’s insufficient evidence (no hospital records, refused rape kit, no other physical evidence, no witnesses, nothing to hold up the accused story)
- no penetration occurred
- false accusations were made by the alleged victim- sometimes happens out of anger, jealousy, etc.
- the accused thought they did have consent- To prove this, you must show why you thought you had obtained it; “mistake of fact”-if mind changed but didn’t effectively communicate it, it can’t be rape
- mistaken identity
