PC 261 refers to a charge of rape according to the California Penal Code.
David Pflaum is a skilled criminal defense attorney with over 25 years of experience who understands the criminal procedures and laws that are involved with charges like rape and knows how to defend the accused and get the best possible results.
An accusation of rape is often easy to make, but not necessarily easy to prove. Just because someone claims to be a victim, does not make it so.
HOW THE LAWYER HELPS IF SOMEONE IS IN JAIL
Get Released: If you or someone you know has been arrested and put in jail, the lawyer helps get the person released from jail as soon as possible.
The procedures to get a person released from custody depend on many factors. Click on the word “released” in blue to learn more.
DEFENSE STRATEGIES FOR A CHARGE OF RAPE
Many people who claim to be victims of a sex crime have reasons not to tell the truth, have prior criminal records that make them less believable, or there are circumstances that make their claims less than credible.
It is always wise to examine closely the witness statements and the background of the complaining witness. There may be a defense built around the lack of credibility of the complaining witness.
Another defense to a sex offense charge may be consent. A person’s willingness to participate in sexual activity can be a complete defense.
Sometimes the alleged victim has made similar claims against others which proved to be untrue. This factor can be used to discredit the witness and throw the case out of court.
Sometimes the alleged victim is just trying to make money based upon the accusation and therefore is less believable. This defense might be called bias or motive to fabricate.
Another example of a defense could be lack of evidence such as DNA, fingerprints, hair, or other missing proof.
WHAT IS THE DEFINITION OF RAPE
Rape is defined in the law as an act of sexual intercourse with a person not the spouse of the perpetrator, under any of the following circumstances:
(1) 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.
(2) Where the sexual act is by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
(3) 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.
(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. Unconscious could be asleep.
(5) Where the person is defrauded intentionally to induce belief that the sexual act serves a professional o medical purpose.
(6) Where the act occurs using menace or fear. “Menace” means any threat, declaration, or act which shows an intention to inflict an injury upon another.
In cases of rape accusation is important to establish if there was consent.
Imprisonment, fines and sex offender registration are some of the penalties that the law establishes for rape convictions.
PROVEN RESULTS
Click on the words results, trials, or testimonials to learn more about defending sex offense charges.
Call today for a confidential consultation
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest – Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo – Ramona – National City – Santee – Mission Hills – Bonita – Point Loma
This page is also available in: Spanish