In California, rape is defined as any nonconsensual sexual intercourse done by mean of fraud, threat, or force. Sexual intercourse is described as any type of penetrative act and consent can only be given by free will.
What Is Fraud?
Fraud is a crime where the defendant makes false representation of the truth. The defendant can also conceal an important fact to get another person to consent or do something.
What is Rape By Means of Fraud?
Rape by fraud occurs when a person conceals an important fact or knowingly makes a false representation of truth to influence someone to have sex. For example, a person of power knowingly makes a false representation about a job to induce the victim have sex with them.
What Does the State Have to Prove to Convict Me of Rape by Means of Fraud?
In California, rape has four elements that a prosecutor needs to prove:
- The defendant had sexual intercourse with the alleged victim;
- At the time the sexual intercourse took place, the defendant and alleged victim weren’t married;
- The victim didn’t consent to sexual intercourse; and
- Sexual intercourse happened because of fraud
What Is the Punishment for Rape by Means of Fraud in California?
In California, rape is charged as a felony. The punishment depends on the surrounding circumstances and the age of the alleged victim. If force or violence were not used, the defendant can face probation along with up to 1 year in county jail.
But if force or violence were used, then the defendant can face a prison sentence for 3 to 8 years. If the victim was a minor at the time, the defendant may be sentenced to an additional 7 to 13 years in prison.
Can I Be Convicted of Raping Someone Who Lives With Me?
Yes, the defendant can face additional time in prison if the victim was a household member or spouse of the defendant.
Should I Hire a Lawyer to Fight My Rape Charge?
Yes, it’s in your best interest to talk to a California criminal lawyer about your rape charge.