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Michael Berg

Criminal Lawyer Sacramento Defense Attorney

Rape Defense

Defense against Rape Charges in the Bay Area

Many Circumstances Meet the Legal Definition of Rape

Being convicted of rape or another sex crime can negatively impact your reputation for the rest of your life, in addition to the severe punishments that are possible under the law. When most people think of rape, they are imagining serial rapists who use brute force to subdue their victims. While that certainly qualifies as rape, California law has a broader definition. As a result, many circumstances meet the legal definition of rape.

California defines rape as nonconsensual sexual intercourse. This means that in addition to rape by force, any situation where nonconsensual sexual intercourse occurs is considered rape. This includes when individuals are threatened or tricked into having intercourse against their will. California rape law actually addresses an array of sexual assaults, including:

  • Date rape
  • Forcible penetration with a foreign object
  • Oral copulation by force
  • Spousal rape
  • Statutory rape

Rape is a very real and serious issue in today’s society. However, rape charges, much like domestic violence charges, can sometimes be made for strategic reasons. Sometimes the wrong person is identified and charged. It is also possible for someone to misinterpret a situation and honestly believe the act was consensual when in fact it was not.  Any of these situations can lead to false imprisonment. But because society tends to side with the victim and it is of course the prosecution’s job to do so, it can be very difficult to have a charge of rape reduced or dismissed.

We Conduct Our Own Investigation

When building a defense against rape charges, we take a numerous elements into account.  We conduct our own investigation to determine that the evidence is not only sufficient for a charge, but also that the evidence was obtained legally and that your rights were not violated. Because these charges are so serious, achieving the best possible outcome for your situation is of paramount importance. Conviction can lead to consequences that include:

  • A prison sentence
  • A “strike” against your record
  • Mandatory registration as a sex offender
  • Fines
  • Probation

We are prepared to go to trial. However, we do not assume that trial is inevitable, and will if possible attempt to have your charges reduced or dismissed. In certain situations, allegations of rape can be resolved and formal charges do not need to be filed at all. In order for that to even be a possibility, however, it is vital that you seek out a knowledgeable sex crimes defense attorney as soon as possible.

So if you find yourself in this untenable situation, don’t delay even for a moment. We serve clients in Sacramento, San Francisco, Oakland and throughout the Bay Area. Consultations are always free.