Sex Crimes Defense Lawyer in Los Angeles

STATUTORY RAPE. What the DA MUST Prove Beyond a Reasonable Doubt?

Jury Instruction 1070. Unlawful Sexual Intercourse with a Minor – Defendant 21 or Older

The defendant is charged [in Count ] with having unlawful sexual intercourse with a person who was under the age of 16 years at a time after the defendant had reached (his/her) 21st birthday [in violation of Penal Code section 261.5(d)].

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant had sexual intercourse with another person;

2. The defendant and the other person were not married to each other at the time of the intercourse;

3. The defendant was at least 21 years old at the time of the intercourse; AND

4. The other person was under the age of 16 years at the time of the intercourse.

What is Considered Sexual Intercourse According to CA Law? 

Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. [Ejaculation is not required.]

• [It is not a defense that the other person may have consented to the intercourse.]
• [Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.]
• [The defendant is not guilty of this crime if (he/she) reasonably and actually believed that the other person was age 18 or older. In order for reasonable and actual belief to excuse the defendant’s behavior, there must be evidence tending to show that (he/she) reasonably and actually believed that the other person was age 18 or older. If you have a reasonable doubt about whether the defendant reasonably and actually believed that the other person was age 18 or older, you must find (him/her) not guilty.]

Penal Code Section 261 States:

Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:

• Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.
• Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
• Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

What is Considered Unconscious in Rape Cases? 

• Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:Was unconscious or asleep, was not aware, knowing, perceiving, or cognizant that the act occurred.
• Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.
• Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.
• Where a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.
• Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, "threatening to retaliate" means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.
• Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.”

If you are not a United States citizen, your immigration status or application for citizenship will be in jeopardy if convicted of a sex crime.

Jury Instruction 1000. Rape or Spousal Rape by Force, Fear, or Threats

The defendant is charged [in Count ] with rape [of his wife] by force [in violation of Penal Code section 261(a)].

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant had sexual intercourse with a woman;

2. He and the woman were (not married/married) to each other at the time of the intercourse;

3. The woman did not consent to the intercourse; AND

4. The defendant accomplished the intercourse by: 

• force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the woman or to someone else
• threatening to retaliate in the future against the woman or someone else when there was a reasonable possibility that the defendant would carry out the threat. A threat to retaliate is a threat to kidnap, falsely imprison, or inflict extreme pain, serious bodily injury, or death
• threatening to use the authority of a public office to incarcerate, arrest, or deport someone. A public official is a person employed by federal, state, or local government who has authority to incarcerate, arrest, or deport. The woman must have reasonably believed that the defendant was a public official even if he was not.

Sexual Intercourse & Consent Defined

Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. [Ejaculation is not required.]

To consent, a woman must act freely and voluntarily and know the nature of the act.A woman who initially consents to an act of intercourse may change her mind during the act.

If she does so, under the law, the act of intercourse is then committed without her consent if:

• She communicated to the defendant that she objected to the act of intercourse and attempted to stop the act;
• She communicated her objection through words or acts that a reasonable person would have understood as showing her lack of consent.

AND

• The defendant forcibly continued the act of intercourse despite her objection.

Evidence that the defendant and the woman (dated/were married/ had been married) is not enough by itself to constitute consent.Evidence that the woman (requested/suggested/communicated) that the defendant use a condom or other birth control device is not enough by itself to constitute consent. Intercourse is accomplished by force if a person uses enough physical force to overcome the woman’s will.

What is Duress? 

Duress means a direct or implied threat of force, violence, danger, or retribution that would cause a reasonable person to do [or submit to] something that she would not do [or submit to] otherwise. When deciding whether the act was accomplished by duress, consider all the circumstances, including the woman’s age and her relationship to the defendant.

Retribution is a form of payback or revenge.Menace means a threat, statement, or act showing an intent to injure someone.

Intercourse is accomplished by fear if the woman is actually and reasonably afraid [or she is actually but unreasonably afraid and the defendant knows of her fear and takes advantage of it. A woman must be alive at the time of the sexual intercourse for the crime of rape to occur.

The defendant is not guilty of rape if he actually and reasonably believed that the woman consented to the intercourse. The People have the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonably believe that the woman consented. If the People have not met this burden, you must find the defendant not guilty.

Understanding Your Rights in Los Angeles Sex Crime Cases

Facing a sex crime allegation can be overwhelming and frightening. At Sua Law Group, we believe that every individual deserves to understand their rights and options. Whether you are a victim or accused, knowing your legal standing is crucial. Our experienced attorneys are dedicated to providing you with the guidance you need during this challenging time.

Here are some key rights you should be aware of:

• The Right to Legal Representation: You have the right to an attorney who can advocate for you and protect your interests at every stage of the legal process.
• The Right to Remain Silent: If you are accused of a crime, you have the right to refrain from speaking to law enforcement until you have legal counsel present.
• The Right to a Fair Trial: Every individual is entitled to a fair trial, which includes the presumption of innocence until proven guilty.
• The Right to Privacy: Victims of sex crimes have the right to privacy and confidentiality throughout the legal proceedings.
• The Right to Seek Support: Victims can access various support services, including counseling and advocacy programs, to help navigate the emotional aftermath of a crime.

At Sua Law Group, we are committed to ensuring that you fully understand your rights and options. Our compassionate team is here to listen to your concerns and provide personalized legal strategies tailored to your unique situation. Don’t hesitate to reach out for a confidential consultation today with our Los Angeles sex crimes attorney!