Hi, I’m David P. Shapiro, a San Diego-based criminal lawyer and the Owner and Managing Partner of David P. Shapiro Criminal Defense Attorneys. Today, I want to address a question we frequently receive at our firm: “I’ve been charged with rape under Penal Code Section 261. How do I beat it? How do I avoid going to prison? How do I protect my reputation?”
Types of Rape Charges Under Penal Code 261(a)
Rape can be defined in various ways, but for this discussion, we’ll focus on Penal Code 261(a). This section covers:
Forcible rape
“Consensual” rape, which includes situations where the alleged victim is:
Too intoxicated to legally give consent
Unconscious (asleep or coming in and out of consciousness)
Impaired due to alcohol, fatigue, or other factors
Penalties for Rape Convictions in California
Both forcible rape and rape of an intoxicated or unconscious person carry severe penalties:
Up to 8 years in state prison
Lifelong sex offender registration
How to Defend Against Rape Charges in San Diego
1. Remain Silent During Police Questioning
Don’t admit to being present at the time of the alleged incident
Avoid confirming any elements of the offense, such as having or attempting to have sex with the accuser
Let the police and prosecutor prove their case
2. Protect Your DNA Evidence
Don’t voluntarily provide DNA samples
Require law enforcement to obtain a warrant
Remember: protecting your rights doesn’t make you look guilty to a judge or jury
3. Hire an Experienced San Diego Rape Defense Attorney
Choose a law firm that:
Has experience defending against forcible rape cases
Has successfully handled cases involving rape of intoxicated or unconscious persons
Can develop a strong, viable, and smart defense strategy
Contact a San Diego Rape Defense Lawyer Today
If you want to learn more about rape charges in San Diego and how to build a strong defense, contact David P. Shapiro Criminal Defense Attorneys. We have the experience and knowledge to put you or your loved one in the best possible position moving forward.
Call us now for a confidential consultation.
Where others treat you like a number, we treat you like a human.
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—ANTONIO G.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
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—STEPHANIE.
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