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Penal Code § 261 & 243.4

To be charged with sex related crimes can mean many things, but all carry with it a grave stigma and accusation enough to ruin an entire career or personal life (for the victim and the accused).

Not all sex related crimes are of the type that rise to serious traumatic and physical injury. Some are charged as misdemeanors and some are felonies. Those that are more serious in nature tend to include the requirement that the offender register as a sexual offender with their local community and will be prevented from living near schools or where children frequent depending on the circumstances.

Most Common Sex Related Crimes

Rape (Penal Code § 261)

Rape is defined as the, 1) non-consensual sexual intercourse, 2) by means of threats, force, or fraud. When many people think of rape, the first thing that comes to mind is rape committed by means of physical force. But other, less obvious situations can lead to rape charges too. These include:

  • A man having sexual intercourse with a woman who is passed out drunk, or to whom he has given intoxicating drugs
  • A doctor "tricking" his female patient into having sex with him by telling her it's the only way to cure a particular illness, and
  • A police officer telling a woman that he has pulled over for DUI that he will let her go if she has sex with him.

There are also a variety of rape-related crimes that fall under the umbrella of California rape law. These include:

  • Penal Code 262 PC "Spousal Rape"
  • Penal Code 261.5 PC "Statutory Rape"
  • Penal Code 266c PC "Oral Copulation by Force" and
  • Penal Code 289 PC "Forcible Penetration with a Foreign Object."

Sexual Battery (Penal Code § 243.4)

Commonly referred to as 'groping' or 'copping a feel.' A person that, 1) touches another?s intimate part, 2) without consent, 3) and against their will, 4) for purposes of sexual arousal, gratification or abuse, faces being charged with this crime. The punishment can be quite minimal depending on the circumstances, to very severe.

If you are facing sex related criminal charges, you need an experienced criminal defense attorney who can adequately protect your rights and raise a strong defense on your behalf!

To schedule a FREE CONSULTATION with our firm, call our office at:

844-RICOLAW (844-742-6529)

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