There are many misconceptions about the term date rape and date rape laws. It is imperative to have a good understanding of the date rape laws and date rape penalties in California if you have been accused of this crime.
Date Rape Laws California
Penal Code Section 261pc contains the laws concerning rape. Date rape falls under the category of rape, even though the event’s circumstances may be significantly different. California law, however, views date rape just like any other rape crime.
California law, however, views date rape just like any other rape crime.
Under date rape laws, rape is not just defined as nonconsensual sexual intercourse by means of force, threat, or fraud. Rape may also include any form of sexual conduct that has been forced onto another person without their consent. This applies to persons, both conscious and unconscious.
Date rape almost always falls under felony rape charges which is a very serious crime.
Being Charged with Date Rape is Different than Being Convicted of the Crime
If you have been accused or arrested for date rape, it is important that you understand these date rape laws and how they pertain to your case. It is also essential that you protect your rights as a person accused of a crime and speak with a defense attorney.
In addition to discussing with you date rape laws and how they apply to your case, your attorney will discuss what can be done to build a defense for your case. Your lawyer will also discuss with you ways that the law protects you.
The first thing to remember is that you are innocent until proven guilty. This is a vital part of the Constitution, and it applies to your case. Just because you have been accused or arrested does not mean you have been convicted of the crime.
The next thing that you will have to remember is that you will need to be very open and honest with your attorney so that they can build a solid defense case. This is a very delicate subject for everyone, and it may feel difficult to talk about. Your attorney is not there to judge you or even make assumptions. Your attorney is there to build a case for your defense.
The final thing to remember is that cases that involve date rape are very complicated. Your case will not be over quickly. There will be a lot of research conducted on both sides of the issue so that a fair trial can take place.
Things To Remember If You Are Being Arrested For Date Rape
You have the right to remain silent – anything you say can and will be used against you in a court of law. Remember this fundamental right. Remain silent. Period. Provide the police with your identification information and then request to speak with an attorney. It is your right to speak with an attorney before being questioned by the police as well as while you are being questioned.
Do not try to explain anything to the police. Do not claim your innocence. Do not get angry or violent. Do not resist arrest. Provide your name and any contact information they may ask and then ask to speak with a defense attorney.
The police and the district attorney are always building their case. From the minute they believe they have a suspect. Anything you say can and will be used against you, even if you have said something to defend yourself. Something as simple as saying you are sorry that this happened to someone can be seen as an admission of guilt.
If you have been arrested or have been informed that you are being investigated for date rape, seek legal representation. Having an attorney who understands date rape laws with you throughout the entire process is the best way to build a solid defense case.
While hiring a defense attorney cannot guarantee that the charges will be dropped or that you will not be convicted of a crime, it does guarantee that you will have the best possible outcome to your case.
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Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
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