Fresno Rape

Typically, rape is defined as having sexual intercourse with another individual without consent.  In reality, however, California rape law includes different types of rape charges.  Each type of rape involves different circumstances and requires a different rape defense in Fresno.

The best first step when facing a rape charge in Fresno is to exercise your right to remain silent.  Do not speak to any law enforcement officials and do not admit to any charges or plead guilty until you have spoken with an experienced Fresno rape attorney.

Charges and Defense

The following are some of the most typical types of rape crimes:

• Date rape charges generally claim that the accused had sex without the consent of the victim.  In this case, the victim is someone who knows the accused.  The two parties may even have had a previous sexual relationship.  Assuming that DNA or other evidence proves that a sexual act occurred, defending against date rape in Fresno often involves the fact that it is a case of word against word.  If the prosecution cannot prove that the victim did not consent to the act, the accused has a good chance of winning the case.
• Fresno statutory rape charges point to an adult having sexual contact with a minor and may even involve situations where no sexual contact occurred.  For example, adults who take minors over state lines without parental permission can be charged with statutory rape.  Anyone convicted of statutory rape in Fresno suffers more than the severe penalties and loss of reputation associated with rape charges—statutory rapists must also register as sex offenders.  As it is fairly common for minors to make false charges out of spite or for other emotional reasons, this is often the basis of an experienced attorney's Fresno rape defense strategy.
• Spousal or marital rape can be charged even in the context of marriage.  Rape can occur when one party does not consent to a sexual act.  Unfortunately, false Fresno spousal rape charges are not uncommon, whether it is within the heat of an argument or during divorce proceedings.  Like date rape, marital rape is a case of word against word.  If the prosecution cannot prove that the victim did not consent to the act, the accused has a good chance of winning the case.

Rape law in Fresno is complex and requires experienced legal representation.  The Law Office of Rick Berman & Eric Schweitzer has a proven track record for achieving optimal results for clients facing Fresno rape charges.  Contact the Law Office of Rick Berman & Eric Schweitzer today for a free consultation.