Rape is a devastating charge. Socially, it can leave a defendant an outcast among his own family. Criminally, a conviction means the likelihood of serious prison time.

As devastating as a rape can be for a victim, criminal charges may impact the rest of a defendant’s life, even if he is falsely accused. And, more than perhaps any other serious crime, defendants are frequently forced to face false allegations.

Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing rape charges throughout Orange and Los Angeles counties.

Under California Penal Code 261, rape is defined as nonconsensual intercourse through fraud, force or threat. The state’s rape laws also encompass spousal rape, date rape, statutory rape and oral copulation by force.

Each year, about 9,000 defendants in the state face a charge of forcible rape, according to the California Department of Criminal Justice. When many people think of rape they think of stranger assaults. In reality, only a small percentage of rape cases involve a stranger attacking a victim.

A defendant may be faced with a rape charge for allegedly placing a victim under duress without the presence of force. Fear of retaliation or threats may also lead to a rape charge. In other cases, charges may be brought when sexual intercourse involves fraud or when a victim is too intoxicated. The law does not even require that a victim attempt to resist.

Thus defendants often face charges because a victim has second thoughts about her actions, or is remorseful or vindictive. Frequently, these cases come down to the word of the alleged victim versus the word of the defendant. Particularly in cases where consent is an issue (but the fact the pair had sex is not), the presence of forensic evidence may be meaningless. Too often, the state still tries to use such “evidence” against a defendant.

And the stakes are high. A conviction on a felony rape charge in California can result in up to eight years in prison; an additional five years can result in cases in which a victim sustains “great bodily injury.” A defendant may also be fined up to $10,000 and can be forced to register as a sex offender. A rape conviction also counts as a strike under California’s Three-Strikes Law.

Because these cases often hinge on the testimony of the defendant and victim, it’s critical that a defendant consult an experienced Orange County criminal defense attorney as soon as possible. Typically, investigators will work hard to get a statement from a defendant – even indicating the victim is unbelievable – and often such statements become key evidence used against a defendant in court.

Do not speak to authorities until you’ve spoken to an experienced law firm. Trust your future to your defense attorney – not to investigators out to prove a victim’s allegations.

If you are facing rape charges in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights.