Sexual Assault Defense Attorney

Sexual Assault Defense Attorney in Sacramento

Being charged with rape or sexual assault is a serious matter and the tough decisions facing a person charged with a serious sex crime can be overwhelming. You need an experienced, reputable and well-respected sexual assault defense attorney on your side.

Sacramento Child pornography Defense Attorney

Richard Dudek is Certified as a Specialist in Criminal Law by The State Bar of California Board of Legal Specialization.

A former prosecutor and avid litigator with a decade of criminal law experience heads the defense team at the Law Offices of Richard Dudek . The California Penal Code lists more than 100 sexual assault statutes. Richard Dudek knows the penal code, the elements of rape, the defenses to the charges and what constitutes admissible evidence.

If the state charges you with rape, you want the representation of Richard Dudek , Sacramento’s knowledgeable and stalwart criminal defense attorney. We work to discover the truth, protect your family, safeguard your reputation and keep the media at bay. Our highly trained criminal investigators explore every fact, check every claim and expose every lie.

Rape is defined in the California Penal Code § 261 (Rape defined) as sexual intercourse against the will or without the consent of the other person. Notably, any amount of penetration during intercourse, even if very slight, is sufficient to be considered Rape. It should also be noted that if the person Raped is unconscious from drugs or alcohol or otherwise not able to give consent then any penetration of that person can also be considered Rape. Mental Incapacity can also cause an act of sexual intercourse to be considered Rape.

The burden of proof in a rape case is on the prosecution. The prosecutor must prove:

  • That sexual intercourse occurred
  • That the victim did not consent because of violence, threats, duress or fraud, or because the victim was unable to consent

Penalties for Rape Charges

  • Punishment for each act of Rape (i.e. the person can receive a separate count of rape with its separate punishment for each act of intercourse) can be 3, 6 or 8 years. Sometimes probation can be given for Rape cases.
  • Under California Penal Code § 261.5 (Unlawful Intercourse) it is unlawful to have sex with someone under the age of 18 years EVEN IF THEY CONSENT TO THE ACT. This is commonly known as “Statutory Rape”. The law dictates that a person under the age of 18 is unable to give consent to sex and thus the person over the age of 18 can be charged with unlawful sexual intercourse. If the minor’s age is within 3 years of the perpetrator then the matter can be filed as a misdemeanor.
  • If both persons are in high school and one is 18 years of age and the other is 17 years of age this is still considered unlawful sexual intercourse although the District Attorney may exert its discretion in deciding whether or not to file in a situation of that nature as long as consent is present. In fact even if BOTH parties are under the age of 18 and consent is present the District Attorney can still file charges for unlawful intercourse although they may face the problem of deciding who to charge with the crime.
  • Punishment for unlawful intercourse can run from probation to 2, 3 or 4 years.
  • Surprisingly, unlawful intercourse is not a crime that requires registration as a sex offender.
  • IT IS NOT A DEFENSE TO A CHARGE OF UNLAWFUL SEXUAL INTERCOURSE THAT THE PERPETRATOR WAS UNAWARE OF THE VICTIM’S AGE. However, if the perpetrator reasonably believed the person was over the age of 18 then it may be a matter useful in the negotiating of the case.

Statutory rape — when consent doesn’t matter

When an adult has sex with a minor, California prosecutes the adult for rape even if the minor consents. Under California law, minors do not have the capacity to consent to sexual acts with adults. Statutory rape may be charged as a misdemeanor or a felony depending on the ages of the two people involved and the criminal record of the adult participant. There is no mandatory sex registration requirement for a statutory rape conviction in the penal code, but judges reserve the discretion to order such registration based on the facts of the case, your criminal history and your psychological profile. However, other crimes, such as child molestation, do require sex offender registration.

Spousal rape — there is no ‘right’ to sex in marriage

Forcing your spouse to have sex against his/her will through aggression, menacing, deceit or peril is a felony punishable by up to eight years in state prison. Resourceful domestic violence lawyer Richard Dudek works with you to disprove spousal rape allegations in domestic violence cases.

Date rape — sex in a relationship still requires consent

“Date rape” is non-consensual sexual intercourse between people who know one another. It is also sometimes called “acquaintance rape”. It can happen with someone who has consumed enough drugs or alcohol to render them unable of consenting to a sex act, even if he/she has consented in the past. Date rape is punishable by a term in state prison and lifetime registration as a sex offender.

Sexual harassment and sexual assault at work

Sexual harassment is a civil action designed to protect employees from unwanted sexual advances. Sexual assault in the workplace is a crime. If an employee alleges sexual assault, the alleged assailant faces criminal charges, loss of employment and civil penalties. The key to such allegations is that the victim communicated that the conduct was unwelcome. If the other person reciprocated verbal sexual innuendo, laughed at off-color jokes, or accepted sexually explicit jokes by email and forwarded them to others, then this may suggest that your behavior was welcome in the workplace. Likewise, sexual touching must be unwelcome to constitute sexual assault.

Contact SACRAMENTO Sexual Assault Defense Attorney

If you are being charged with rape or sexual assault, contact the discreet and reliable criminal defense firm, the Law Offices of Richard Dudek. You speak personally and at length with our experienced criminal defense attorney. Find out how we can help you counter these serious accusations. Contact us online or by telephone at (916) 444-7595 today to arrange a consultation.

CALL SACRAMENTO Sexual Assault Defense Attorney

(916) 444-7595

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Have you been arrested and charged with rape or sexual assault in Sacramento County? Contact Sacramento Sexual Assault Defense Attorney Richard Dudek for free consultation today.

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