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Rape Defense

Criminally charged with rape?

The California Penal Code §261 applies a very broad definition to the criminal action of rape; according to the law, it is considered to be rape for any sexual act to occur that is not fully consented to by both adults. This, however, is a very broad term and could refer to many different actions. It is important to remember that there are many different types of crimes that can fall under this fact and many different types of rape that can occur. For example, it is considered to be a criminal act to have consensual sex with a minor who is under the legal consenting age - this is considered to be statutory rape. Other types of rape can include spousal rape, date rape, and even oral copulation by force.

Regardless, however, of the exact details surrounding your criminal case, it is important to realize that if you have been criminally charged it is in your best interests to get the involvement of an attorney that you can trust to help you put the best defense forward. Although it is daunting to think of dealing with a criminal case of this nature, it is important that you remember that every case is defensible and that your attorney will be able to help you find the right defense for you.

When looking to convict someone with rape, there are several things that will need to be successfully proven by the prosecution. These are considered to be the basic elements of the crime; if they cannot be proven than the crime simply falls flat. In the case of rape, it must be proved that there was indeed sexual intercourse and that there was no consent. Many people believe that this is a simple crime to prosecute and impossible to defend against, but the truth is that there are many different actions that can be taken to help you defend yourself against the possibility of a false conviction.

Defending Against Rape Charges - How Our Firm Can Help

For example, your attorney could argue that the allegations are completely fabricated. While no one wants to say that all rape claims are false, the truth is that false accusations occur; no matter whether it was made out of ignorance, spite, jealousy or even anger, this can occur. Another foundation for defense is in arguing that there was in fact consent between the two adults. Regret is not enough for a rape accusation to occur - if they initially consented, the alleged victim cannot later recant the act.

If you have recently been criminally charged with rape, it is important that you do not hesitate to get the involvement of an experienced lawyer from the Law Office of Thomas J. Mueller. With over 38 years of experience, our legal team has proven that we can be trusted with complex criminal cases. We know how much is at stake and we are prepared to do everything that we can to help you find your most desirable outcome. We recognize that success often lies in the details and we are unwaveringly committed to ensuring that we take the time to look into all of the nuances of the case to provide the most watertight defense possible. So don't wait - call today!

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Law Office of Thomas F. Mueller - San Jose Criminal Defense Lawyer
Located at 95 South Market Street, Suite 300 San Jose, CA 95113. View Map
Phone: (408) 673-9140
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