Award WinningCRIMINAL & DUI ATTORNEYS

Local408.217.8818

SAN JOSE RAPE DEFENSE ATTORNEY

408.217.8818

Sexual crimes have unfortunately become a hallmark offense for individuals to use in types of domestic disputes. However, sexual offenses carry with them the potential of years in prison in addition to steep penalties. If you have been charged with sexual assault, do not hesitate in contacting an experienced San Jose sexual assault attorney.
In the State of California, “no” means NO. As such, if you have sexual intercourse with another person without his or her consent, you could be arrested and charged with rape. Sadly, not all accusations of rape are factual—and many are brought as an act of revenge or out of jealousy or spite. When this occurs, contacting an experienced San Jose rape defense attorney immediately upon your arrest could protect your future and help keep you out of jail.

Sexual Assault in California

Sexual assault or “sexual battery” must be proved by establishing that the defendant intimately touched the alleged victim without their consent, with the purpose of sexual arousal. This is different from the typical crime of assault, which does not require a touching, which is why it is often referred to as sexual battery in addition to sexual assault. Ahmed & Sukaram are both sexual assault and assault and battery attorneys. Sexual assault charges may fall within either a misdemeanor conviction or a felony conviction, and as a result, the punishment ranges can vary tremendously. It is important to always keep in mind California's “three strike law” which heightens penalties if a defendant was previously convicted of other felonies. The difference between a misdemeanor and a felony can be as substantial as years in prison and a $10,000 penalty (compared to no prison time and a $2,000 penalty).

California Penal Code 261 PC is California's rape statute, and it defines the crime of rape as “non-consensual sexual intercourse by means of threats, force, or fraud. Examples of rape include:

  • Using a date rape drug to incapacitate someone in order to have sexual intercourse
  • A teenager having sexual intercourse with a young girl who is passed out drunk at a party
  • A doctor penetrating his patient for his own sexual pleasure, under the guise of medical treatment or “curing” an illness.
  • A teacher threatening to fail a student unless he or she has sex with him.

California rape laws also extend to cover a wide variety of rape-related crimes, including:

  • Spousal Rape (Penal Code 262)
  • Date Rape
  • Statutory Rape (Penal Code 261.5 PC)
  • Oral Copulation by Force (Penal Code 266c PC)
  • Forcible Penetration with a Foreign Object (Penal Code 289)

No Means NO

In California, an individual must consent to sex and continue to consent to sexual intercourse. If an individual consents to sex, but later withdraws his or her consent, then it is still considered rape. Likewise, just because a victim did not fight or resist, does not mean that rape did not occur. If you have been accused of rape, contact our San Jose rape defense attorneys for help.

For example:
Dan and Carol were out drinking one night. As the night progressed, both Dan and Carol began to get intimate. Carol suggested they go back to her place, where the two began to have sexual intercourse. When things began to get a little rough, Carol became uncomfortable and asked Dan to stop. Dan did not stop, however, and he continued to have sex with her, despite Carol repeatedly saying ‘no'. By law, Dan would be guilty of rape because even though Carol initially agreed to have sex, she withdrew her consent and Dan did not stop.

Spousal Rape in California

There is a little talked about form of rape that is particularly devastating to victims: spousal rape. Many believe that wives are supposed to have sexual relations with their husbands. Yet if a husband or wife forces their spouse to have sex with them—without their consent—it is a form of rape and can be prosecuted.

Penalties and Consequences for Rape

If you are convicted of rape in the State of California, you face serious penalties and consequences, including:

  • Three, Six or Eight years in California State Prison
  • If the victim was a minor, then up to 13 years in prions
  • Felony on your criminal record
  • Registration as a sexual offender
  • Formal probation
  • Maximum of $10,000 fine
  • Possible strike on your record

Legal Defenses Against Rape Charges

Unfortunately, not all charges of rape are truthful and many jilted ex-lovers bring charges of rape against their boyfriends or one-night-stands out of revenge or jealousy. It is estimated that nearly 10% of all rape allegations are false—and some experts believe that number could be has high as 50%. As such, your San jose criminal defense lawyer will need to work diligently to build a defense that is designed to expose the weaknesses in the prosecution's case against you. This may include any eyewitness testimony, forensic evidence, and character witness testimony. This can be difficult, but an experienced San jose rape lawyer can help exonerate you from these serious charges.

Possible defenses against rape charges include:

  • Insufficient evidence
  • Mistaken eyewitness identification
  • Consent

San Jose Rape Attorney

At Ahmed & Sukaram, our San Jose rape defense lawyers have successfully defended individuals who have been accused of rape in California. If you have been arrested and charged with rape in San Jose, Palo Alto, or anywhere in the San Francisco Bay Area, contact the dynamic legal team of Ahmed & Sukaram immediately. You are not alone—call Ahmed & Sukaram today at 1-408-217-8818.

Criminal defense attorneys will work hard to find the cracks in any sexual assault accusation whether it's rape, date rape, or other forms of sexual assault, such as the fact that the alleged victim was intoxicated or consented, or the fact that no intercourse occurred. It is important to consult with informed sexual assault attorneys, as changes in sexual assault legislation occurs each year. In 2015, legislation was considered to be introduced that would end the 10-year statute of limitations period so that allegations of sexual assault from decades in the past could be brought into the courtroom.

WHY CHOOSE OUR LAW FIRM?

1


ACCREDITED BUSINESS SINCE 05/19/2009
View BBB Profile

2


RATING 4.5 / 5.0
View Yelp Rating

3


RATING 5.0 / 5.0
View Avvo Rating

4


Super Lawyers Rising Star
(2012 -2016)

MEET
SHARI SUKARAM

Partner Shari Sukaram is a tough, knowledgeable and passionate advocate for her juvenile delinquency clients. In 2011 Shari Sukaram became a nationally published author. She is a strong believer that children, even those who make mistakes, have a golden opportunity to achieve their dreams if they are given a chance, shown that they should believe in themselves and put on the proper path.

VIEW PROFILE

MEET
NAFIZ AHMED

Attorney Nafiz Ahmed has successfully defended over 2,500 criminal clients. A true trial attorney, his unique love of the law guides him in successfully defending his client's cases in ways that other attorneys cannot. Nafiz was voted a 2012, 2013 and 2014 Super Lawyer Rising Star® (2012 - 2016), and is a twice nationally published author in DUI defense strategies. He speaks Spanish and is committed to serving clients of all backgrounds.

VIEW PROFILE

Menu