Are you being charged with rape in San Jose, CA? Criminal charges like these can damage your reputation and affect your life and your future forever, even if you don’t end up getting convicted. The criminal justice system can be confusing and overwhelming, making it essential to work with an experienced defense attorney for charges so serious.
For assistance with a criminal matter, Ahmed & Sukaram, Criminal Defense Attorneys is here to help. We have a combined 30 years of experience.
Contact us at (408) 217-8818 to schedule a consultation with a San Jose rape lawyer.
Why Choose Ahmed & Sukaram to Help Me if I’m Arrested For Rape in San Jose?
When you’re facing a sex crime accusation in San Jose, California, the risks to your freedom and future couldn’t be higher. When you work with the right lawyer, you have a chance to beat the charges and move on with your life. At Ahmed & Sukaram, you have a defense team committed to standing beside you when it matters most.
Here’s why clients turn to our San Jose criminal attorneys:
- Over 50 criminal trials successfully defended
- Decades of combined legal experience
- More than 3,000 cases won for our clients
- Recognized by Super Lawyers and The National Trial Lawyers “Top 100”
Before talking to the police or taking any other steps to deal with the charges you’re facing, talk with us. We’ll help you every step of the way and build the strongest defense possible.
Call us to arrange a consultation with a San Jose sex crimes lawyer.
An Overview of Rape in California
In California, rape is defined under Penal Code §261. It happens when someone engages in sexual intercourse with another person without their consent. Consent must be clear and given freely.
Rape can be charged when intercourse occurs as a result of force, violence, threats, duress, or fear. It’s also treated as rape if the victim cannot legally consent, such as when they’re unconscious, intoxicated, or otherwise unable to understand what’s happening.
What Are the Penalties for Rape in San Jose, California?
Rape is a felony in California, and convictions carry severe prison sentences and lifelong consequences. The typical sentence for felony rape is three, six, or eight years in state prison. This punishment becomes even more serious if the victim is under 18. If the victim is between 14 and 17 years old, prison times can increase to seven, nine, or eleven years.
When the victim is younger than 14, sentences jump to nine, eleven, or thirteen years. Convicted individuals might also face fines up to $10,000.
Rape counts as a “strike” under California’s Three Strikes Law, which can lead to more prison time for future convictions. Some cases also include One-Strike enhancements, making a single conviction even more severe. People convicted of rape are almost always required to register as sex offenders for the rest of their lives as well.
What Defenses Can Be Raised if I’m Arrested for Rape?
If you’re charged with rape, you need to know that there are defenses you can raise to try to avoid a conviction.
Some common ones include:
Consent
One of the most common defenses in these cases is consent. If both parties willingly participated and there was clear agreement before the sexual act, you can’t be convicted. You could show text messages or social media exchanges that support this defense.
False Accusations
Sadly, false accusations of rape are not uncommon. It could be due to a misunderstanding, a desire for revenge, or mental health issues. If you can show that the accusations against you are false, you can avoid a conviction.
Mistaken Identity
When a person is assaulted by someone they don’t know, the possible defense of mistaken identity comes up. You could argue that they are misremembering the situation and that you’ve been misidentified. DNA, phone records, eyewitness accounts, and surveillance video are a few ways to present an argument of mistaken identity.
Insufficient Evidence That Intercourse Occurred
To prove rape, prosecutors must show that sexual intercourse actually took place. Sometimes the physical evidence just isn’t there, or the evidence comes from an unreliable alleged victim. If there’s not enough proof beyond a reasonable doubt, the government can fail to meet its burden in court.
If you or someone you know is facing prosecution, it’s critical to work with a criminal defense lawyer as soon as possible to build your defense.
Our firm has experience handling the most sensitive and complex sexual assault cases in San Jose and throughout California. We approach each case without judgment, protecting every client’s legal rights. If you’ve been accused, don’t wait to get help — early legal action often makes the difference in these cases.
Reach out for a confidential case evaluation today with a San Jose rape lawyer from Ahmed & Sukaram.