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Don't Let Rape Charges Ruin Your Life. We Can Aggressively Fight for Your Future.

Los Angeles Rape Defense Lawyer

Have You Been Charged with Rape?

The criminal charge of Rape is codified under California Penal Code Section 261. Rape is defined as non-consensual intercourse, meaning that there was sexual/vaginal penetration without the consent of the other individual. This crime does not require that force or violence was used in the commission of the offense, merely the lack of consent is all that is required. An alleged victim does not have to physically resist the sex act in order for the crime of rape to occur.

Facing criminal rape charges can be a terrifying and unpredictable experience and you could face serious penalties if you are ultimately convicted. A rape accusation alone is an embarrassing allegation that can destroy your reputation, your career, and your family and social life. A Los Angeles criminal defense attorney from our firm will be able to investigate the events leading up to your arrest and can often contest or disprove the accusations before any formal charges are filed.


Rape accusations can have damaging effects on you and your future. Contact our firm for a case review now!


In the current cultural “Me Too” environment, rape charges and false accusations are being prosecuted at an alarming rate. Many young women believe that if they have been drinking and regret sexual intercourse after it has occurred, it is rape. However, rape is a crime of consent, not regret.

Types of Rape Charges

There are several different rape charges which can be alleged under California law – the main Rape offenses are rape by force, violence, duress or fear of injury; or where the person is unable to consent because of a mental disorder or developmental disability; or where the person is prevented from consenting by an intoxicating substance or where the person is unconscious or asleep.

Some applicable California Penal Codes are:

  • Penal Code Section 261(a)(1): Sexual Intercourse with an adult who is unable to consent due to a mental disorder, developmental or physical disability.
  • Penal Code Section 261(a)(2): Sexual Intercourse with an adult which is accomplished by force, violence, duress, or fear of great bodily injury.
  • Penal Code Section 289 (a) (1) (A): Sexual Penetration when the act occurs using force, violence, duress or fear of great bodily injury.
  • Penal Code Section 287(2)(A) (Formerly PC 288a): Oral copulation on an adult using force, violence, duress or fear of great injury.

Date Rape

Date rape is when you have non-consensual sex with a friend, acquaintance or simply a person that you are on a date with. A date rape charge falls under Penal Code section 261(a)(3): Sexual intercourse with an adult who is unable to consent due to intoxication and this condition is known by the accused. If sexual penetration occurs with your spouse without their consent then it can be considered spousal rape. These Rape crimes are punishable by 8 years in state prison and a lifetime requirement that you register as a sex offender.

Statutory Rape

Another form of rape is known as statutory rape. This crime differs greatly from non-consensual rape. In this situation, the sexual penetration is consensual, however, the female is under the age of 18. California law states that 18 is the age of consent, meaning that no person under 18 is legally able to engage in consensual sex. This criminal charge can be charged as either a felony or a misdemeanor. If the accused defendant and the alleged victim are more than three years apart in age, it is a felony offense; less than three years apart, it is a misdemeanor.

Criminal Attorney With Former Prosecution Experience

The California Rape law penalties and the current cultural environment have made rape allegations, even false accusations, extremely serious with life-threatening results. In this particular environment, the laws can be harsh and unforgiving to alleged rape offenders. Without an aggressive criminal defense, you could be sentenced to 8 years in state prison and a lifetime requirement to register as a sexual offender, which will follow you wherever you go.

Since Robert Bernstein has a background in criminal prosecution, he has unique insight and knowledge that transcends both sides of the criminal justice system. His experience would be a valuable asset to your case and could mean the difference between freedom and incarceration. Mr. Bernstein will aggressively protect your rights, best interests and work tirelessly to have your charges reduced or possibly dismissed altogether. He has achieved extraordinary results for his past clients.

We understand rape charges or accusations can be a frustrating and embarrassing time in your life. Contact our attorney to receive the care and attention your case needs.

Success in the Courtroom

Look Through Some of Our Recent Case Results
  • Case Dismissed Our Client was Facing 3 Years in Prison for Statutory Rape with Bodily Injury (pregnancy) Case Dismissed.
  • No Charges Filed Our Client was Facing 6 Years in Prison for Failing to Register as a Sex Offender. No Charges Filed.
  • Not Guilty at Trial Our Client was Facing up to 11 Years in Prison for Date Rape / False Imprisonment. Not Guilty at Trial.
  • Case Dismissed Our Client was Facing up to 16 Years in Prison for Child Molestation. Case Dismissed.
  • Reduced to a Misdemeanor Our Client was Facing up to 4 Years in Prison for Possession of Child Pornography. Reduced to a Misdemeanor.
  • Reduced to a Misdemeanor Our Client was Facing up to 4 Years in Prison for Sexual Battery. Reduced to a Misdemeanor.
  • Reduced to Disturbing the Peace Our Client was Facing up to 6 Months in LA County Jail for Solicitation of Prostitution. Reduced to Disturbing the Peace.
  • Not Guilty at Trial Our Client was Facing up to a Year in Jail for Lewd Conduct. Not Guilty at Trial.

Contact Our Firm Today

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