What are the factors or elements for 261 rape?
Under Penal Code 261 PC, rape is broadly defined, nonconsensual sexual intercourse accomplished by means of threats, force, or fraud. This kind of rape is a California sex crime in and of itself.
When many people think of rape, the first thing that comes to mind is rape committed by means of physical force. But other, less obvious situations can lead to California rape charges too. These include:
- A man having sexual intercourse with a woman who is passed out drunk,
- A doctor “tricking” his female patient into having sex with him by telling her it’s the only way to cure a particular illness, and
- A police officer telling a woman that he has pulled over for DUI that he will let her go if she has sex with him.
But there are also a variety of rape-related crimes that fall under the umbrella of California rape law. These include:
- Penal Code 262 PC “Spousal Rape”,
- Date Rape,
- Penal Code 261.5 PC “Statutory Rape”,
- Penal Code 266c PC “Oral Copulation by Force”, and
- Penal Code 289 PC “Forcible Penetration with a Foreign Object.”
If you are convicted of “rape” under the California Penal Code Section 261, you face the following penalties:
- A felony conviction
- Formal probation with a maximum sentence of 1 year in county jail OR
- Up to 3, 5, or 8 years in the state prison
The sentence may be enhanced if:
- Victim sustained a great bodily injury:
- 3-5 additional years in the state prison
- Up to $10,000 in fines and
- A possible “strike” on your criminal record pursuant to the California’s Three Strikes Law.
- Victim is a minor:
- If the victim is a minor under the age of 18 years old, the state prison term goes up to 7, 9, or 11 years.
- If the victim is a minor under the age of 14 years old, the state prison term goes up to 9, 11, or 13 years in prison.
- In addition to the penalties above, most rape convictions lead to the requirement that the offender register as “sex offender” pursuant to California Penal Code section 290. Failure to register as a sex offender is a felony.