Los Angeles Sex Crimes Defense Attorney
Rape is a form of assault that involves forced sexual intercourse or a forced sexual act upon another. Force is defined as any form of physical violence or threat against the victim or his or her loved ones. Intercourse with a person who is incapacitated by way of drugs, intoxication, or diminished mental capacity also qualifies as rape, as long as the offender was aware of the condition. Sexual acts and intercourse with a minor – even when consensual – are considered statutory rape, as a minor is considered below the age of legal consent.
In California, rape is a felony sex offense carrying a prison sentence of 3, 6, or 8 years and mandatory registration as a sex offender. Some rape victims may also sue in civil court for physical and emotional damages that resulted from the offense.
Your Defense
Rape can be a difficult case for the prosecution to prove, considering such factors as consent or false accusations. Some alleged victims, while caught in the act of consensual sexual intercourse or whose advances are rejected, will cry “rape” when unwarranted. Charges can also be brought about as the result of jealousy, revenge, or from a repressed or recovered memory that can be years old and is unreliable.
In any of the above situations the accused faces false or exaggerated charges. Due to the unpleasant and sometimes upsetting nature of sexual offense cases, a jury may turn a deaf ear to the defense. This is not so with criminal defense attorney Barry Bernstein, who has over 40 years of experience with sexual offense cases. Mr. Bernstein can effectively communicate with the judge and jury alike, proving innocence and protecting the rights of the accused.
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