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Rape in California when a Person is Incapable of Giving Consent ? California Penal Code Section 261

By Walin & Klarich

Under California Penal Code Section 261, rape is defined as an act of sexual intercourse with a person who is not the spouse of the perpetrator. Rape can be accomplished in a number of different ways. Penal Code Section 261(a) lists the different circumstances under which a rape charge can result. Another type of rape that can be charged is when the sexual act is accomplished by force, violence, duress, menace, or fear of immediate bodily injury on the alleged victim or another. Section 261(a)(1) states that rape can occur where the sexual act is accomplished against the alleged victim?s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the person or another. In this sense, the prosecution must prove that the defendant used some sort of force or threat of force in order to accomplish the sexual act...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 10, 2010 (boomark / email).