What is the crime of Rape in California?
California Penal Code § 261 PC defines rape as the use of force, threats, or fraud to have non-consensual sex with another person. The entire category of sex crimes includes rape, sexual battery and the various sex crimes against minors or those who are incompetent to give consent.
The most difficult cases are rape cases involving minors. Juries are very harsh on sex offenders and in California juries often recommend applying the high end of the California sentencing grid to sex offenders.
The defense of rape charges often involves claims of consent, fabrication or for statutory rape, mistake of age.
Rape convictions usually involve sex offender registration which places the convicted person’s picture, home address and crimes of conviction on the internet.