In the media, the terms “rape” and “sexual assault” are frequently used interchangeably, but there are distinct legal distinctions between them. Although the legal definitions may appear to be similar, they can differ greatly when it comes to presenting a defense in a criminal trial. While sexual assault is a misdemeanor, and a conviction can result in a lighter sentence, a felony rape conviction can result in years in a California state prison, thousands of dollars in fines, and additional penalties.
What is considered sexual assault in California?
In accordance with California Penal Code 243.4, sexual assault, also known as sexual battery, is a broad term for any instance in which a defendant inappropriately touches another person’s private areas without that person’s consent and with the intent to arouse or satisfy their sexual needs. This can involve a variety of situations, and as a result, it may be charged as a felony or a misdemeanor.
If found guilty of sexual assault, you may face the following:
- A strike under California’s Three Strikes Law.
- Up to one year in county jail,/or a maximum fine of $2,000, and being required to register as a sex offender.
- A maximum $10,000 fine, up to two, three, or four years in state prison, a mark against your record, and the requirement to register as a sex offender.
What is considered rape in California?
Rape is a specific type of sexual assault crime that includes both the essential elements of Penal Code 243.4 and a sexual act performed without the victim’s consent. According to Penal Code 261, it can also occur when a victim gave their consent only in response to threats of force, violence, fear, or fraud, or when they were unconscious, unable to speak due to a physical or mental disability, or under the influence of alcohol.
A felony charge for rape is always filed, and it may lead to:
- State prison sentences of three, five, or eight years are possible.
- A further three to five years in state prison if the victim suffered serious bodily harm.
- If the victim was under the age of 18, he or she could face up to 11 years in state prison.
- If the victim was under the age of 14, he or she could face up to 13 years in state prison.
- A fine of up to $10,000 is possible.
- A strike on your criminal record.
- Having to register as a sex offender, as well as facing civil penalties.
California Sex Crimes Lawyer
Both of these charges carry severe penalties that can ruin your reputation, land you in prison for years, and have a significant impact on your future. California takes a hard line against sex crimes, and the district attorney in charge of your case may disagree with your version of events. They will almost certainly seek the harshest penalty possible, but an experienced lawyer at Marley Law Firm can help. Call (949) 726-6000 today.
