Rape is broadly defined as nonconsensual sexual intercourse. However, that brief definition does not convey the contempt with which this crime is viewed by society. Few crimes provoke as strong a negative reaction in people as rape. Even being accused of rape can dramatically change the way you are perceived by those around you. Consequences of being convicted of rape can include:
Being forced to register as a sex offender has consequences of its own. It often entails restrictions on where you can live, what type of job you are able to hold, and indeed whether or not employers feel comfortable hiring you for any position at all. And failure to register as a sex offender is considered a probation violation that can be subject to a separate charge.
Because the legal and social consequences of a rape charge and/or conviction are so severe, individuals accused of this crime are understandably frightened. Additionally, recent trends in DNA testing reveal that many people are falsely convicted of rape. At Valencia, Ippolito & Bowmen, we are committed to providing a meticulous investigation of rape charges. If you have been charged with rape in San Jose or anywhere in Silicon Valley or the Bay Area, contact us as soon as possible so we can start crafting your defense.
There are several types of rape and rape-related crimes according to California law. The defense of rape charges in cases where both individuals were over 18 often centers over the determination of consent. However, because minors are legally incapable of giving consent, adults can be charged with statutory rape even if the sex was consensual, and even if the minor initiated the act. Statutory rape is also sometimes called “unlawful sex with a minor” or “unlawful sexual intercourse.”
In charges of statutory rape, the potential ramifications depend in large part on the age difference between the individual being accused and the minor in question. The bigger the age difference (especially if the minor is under 16), the more severe the consequences can be for the accused. However, if the individual being charged reasonably and honestly believed that the other person was over 18, charges can be dismissed.
Our experienced sex crimes defense attorneys work as a team and have over 70 years of combined practicing criminal defense. We will provide you with a candid assessment of your case, clearly outline your options, and begin an investigation immediately. Delay can limit your defense options. Don’t talk to law enforcement until you have contacted our San Jose rape defense attorneys for