California Date Rape and Spousal Rape Defense Lawyers

Often an alleged victim of date rape or spousal rape is erroneously claiming that they have been raped. They may have accused you of rape and you know it’s not true. Maybe they were drinking and don’t remember giving consent. Or maybe someone has another boyfriend or they claim to their family that they were raped to avoid recriminations for having sex. Or it could be that a wife was already contemplating a divorce when she makes a false claim of spousal rape. Whatever the circumstances, an arrest for date rape or spousal rape can have a devastating effect. When someone is charged with prostitution or solicitation, family relationships suffer and you can even lose your job.

California Date Rape Laws

The California penal code has no special laws that define date rape or acquaintance rape as a separate offense. This means that the issue of consent is even more important in a rape case involving two people who know each other. Often in a case of date rape, the victim and the alleged perpetrator are the only witnesses to the incident.

Given this situation where proving consent is so critical, the California date rape charge defense attorneys of Takakjian, Sowers & Sitkoff LLP mount an aggressive defense for our clients charged with date rape. As California date rape lawyers, we use our extensive background in sex crimes prosecution and defending those accused of date rape, to attack the weak points in the prosecution’s case.

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Date rape has an identical sentencing structure to rape. According to the California penal code, date rape is a felony and is punishable by three, six or eight years in state prison. If more than one perpetrator is involved in the rape, the prosecuting attorney may pursue a charge of rape in concert, which increases the potential prison sentence to five, seven or nine years.

California Spousal Rape Laws

We understand when a wife makes a false claim of spousal rape. This is very common with pending divorces. California’s penal code defines nonconsensual sex between spouses as a separate type of rape. Just as with a basic rape charge, several conditions satisfy the legal definition of non-consent:

  • When sexual intercourse is accomplished through force, violence or threat of injury
  • When a person cannot resist because of the use of a drug or intoxicating substance
  • When the alleged victim is asleep or unconscious
  • When consent is obtained through the threat of future harm to the victim or an acquaintance of the victim

This list is not comprehensive. Spousal rape is a felony offense and is thus subject to California’s determinate sentencing guidelines. A defendant faces three, six or eight years in a state prison for a conviction. If probation is granted in lieu of a prison sentence, the defendant may be ordered to pay a fine of up to $1,000 and/or pay reasonable costs for the victim’s counseling.

In addition to these punishments, the State of California also requires those convicted of spousal rape to register with the state’s sex offender registry for the remainder of their lives. If you have been charged with spousal rape, please contact the California spousal rape attorneys of Takakjian, Sowers & Sitkoff LLP. We will aggressively defend your rights! And fight to have the charges dismissed!

Accused of Date Rape or Spousal Rape?
Contact Takakjian, Sowers & Sitkoff LLP

As former sex crimes prosecutors, we know what the DA will try to do. For over twenty years as, California date rape and spousal rape defense lawyers at Takakjian, Sowers & Sitkoff LLP we represent the rights of those charged with date rape and spousal rape by using our extensive knowledge of how these types of sex crimes are handled by California district attorneys.

With offices throughout California and main offices based in Los Angeles and Orange Counties, law partners Paul Takakjian, Don Sowers and Steve Sitkoff have 60 years combined experience as former prosecutors, defense attorneys and rape defense trial lawyers.

If you have been charged with date rape or spousal rape, please contact the California criminal defense lawyers of Takakjian, Sowers & Sitkoff LLP for a consultation today.

Please call 1-866-790-5252 for a FREE CONSULTATION!

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Los Angeles Date Rape Defense Lawyer Disclaimer: The date rape, spousal rape, sexual assault, sex crime, rape or other criminal defense information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results portrayed here were dependent on the facts of that case and the results will differ if based on different facts. Please contact a California sex crime defense lawyer or Los Angeles sex crime defense attorney at our law offices located in Los Angeles and the greater Los Angeles areas. This web site is not intended to solicit clients for matters outside of the State of California.

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