Rape

To prove that a defendant is guilty of rape or spousal rape by force, fear, or threats, the prosecution must prove that:
(1) the defendant had sexual intercourse with a woman,
(2) he and the woman were or were not married to each other at the time of the intercourse,
(3) the woman did not consent to intercourse, AND
(4) the defendant accomplished the intercourse by either
(a) force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the woman or to someone else,
(b) threatening to retaliate in the future against the woman or someone else when there is a reasonable possibility that the defendant would carry out the threat, OR
(c) threatening to use the authority of a public office to incarcerate, arrest, or deport someone.

A threat to retaliate is a threat to kidnap, falsely imprison, or to inflict extreme pain, serious bodily injury, or death. A public official is a person employed by the federal, state, or local government who has authority to incarcerate, arrest, or deport. The woman must have reasonably believed that the defendant was a public official even if he was not. Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. To consent, a woman must act freely and voluntarily and know the nature of the act. A woman who initially consents to an act of intercourse may change her mind during the act. If she does so, under the law, the act of intercourse is then committed without her consent if:
(1) she communicated to the defendant that she objected to the act of intercourse and attempted to stop the act,
(2) she communicated her objection through words or acts that a reasonable person would have understood as showing her lack of consent, AND
(3) the defendant forcibly continued the act of intercourse despite her objection. Evidence that the defendant and the woman dated, were married, or had been married is not enough by itself to constitute consent. Evidence that the woman requested, suggested, or communicated that the defendant use a condom or other birth control device is not enough by itself to constitute consent. Intercourse is accomplished by force if a person uses enough physical force to overcome the woman’s will. The defendant is not guilty of rape if he actually and reasonably believed that the woman consented to the intercourse. The prosecution has the burden of proving, beyond a reasonable doubt, that the defendant did not actually and reasonably believe that the woman consented. (CALCRIM No. 1000; Cal. Penal Code §261)

There are many different crimes related to rape. The specific crime charged will depend on the facts and circumstances of each case and the prosecution’s theory of the case. The elements explained above only relate to one variation of this crime and are intended to provide general information regarding the most common issues presented in such cases.

If you or someone you know has been accused of rape, contact The Scranton Law Firm and speak with one of our experienced California criminal defense attorneys today. Consultations are always free!