Rape and sexual assault are different crimes under California law. They have different legal definitions and different penalties for those found guilty. Rapoe occurs when you engage in non-consensual sexual intercourse with someone else. You can accomplish this crime by threats, violence, or force. On the other hand, sexual assault is any sexual contact you make with another person without their consent. You can be charged with sexual assault for touching another person’s intimate parts against their consent.

Understanding these legal definitions and the differences between the two crimes will help you understand your charges and legal situation better if you are accused of rape or sexual assault. A competent criminal attorney can help you understand the circumstances of your case, possible consequences, and the best defense strategies for a favorable outcome.

The Legal Meaning of Rape

The law against rape is under California Penal Code 26. This law defines rape as the use of threats, force, or fraud to engage in non-consensual sexual intercourse with another person. This is a felony offense, punishable by three to eight years in prison. It also carries a requirement to register in the sex offender registry. You can commit rape in many ways, including the following:

  • Threatening to kill a young girl unless they engages in sexual intercourse with you

  • Drugging a person and having sex with them without their consent or knowledge

  • Engaging in sexual intercourse with someone who is mentally disabled,

  • Frightening someone into engaging in sex with you by threatening to hurt their loved ones

The legal definition of rape comprises different elements of the crime, which the prosecutor must prove beyond a reasonable doubt to obtain a guilty verdict. These elements include the following:

  • Forcefully engaging in sex with a person after threatening to retaliate against them if they do not give in to your demands.

  • Passing yourself off to a person as someone you are not for the purposes of having sex with them, and the person believes your lies to the point that they give in to your demands

  • Using power or authority to threaten someone with deportation, arrest, or jail if they do not engage in sex with you, and the person believes your ability to carry out the threat.

Generally, rape occurs when you engage in sexual intercourse with another person through force, coercion, duress, menace, fraud, fear, or trickery. California judges take mental shackles very seriously, as they have the same impact as material shackles.

Consent is a critical element of this crime. It refers to a person’s ability to agree to engage in sex with another person. Under the law, an adult must consent to sexual intercourse for the act to be legal. If not, you can be charged with rape. Minors (individuals under 18) cannot consent to sexual acts. Engaging in sexual acts with a minor can result in statutory rape charges, even if they agreed to the act. A person consents to a sexual act if they act freely, voluntarily, and knowingly.

In addition to minors, other people cannot legally consent to sex, regardless of their actions or words. These people include the following:

  • Highly intoxicated people

  • People with severe mental disorders

  • People who are asleep or unconscious

Remember that a person needs to understand the nature of a sexual act to consent to it.

However, rape cases are not always straightforward. Judges consider the unique circumstances of every case to determine whether there was consent. The judge will not consider whether the alleged victim fought or resisted the act. If they say no and you do not stop, the judge can give a guilty verdict.

Additionally, some people can change their minds after agreeing to a sexual act. If the alleged victim gave consent at the start, but changed their mind in the course of time, you are guilty of rape if you proceed to have sex with them. They can communicate this change of mind through words or actions.

The judge will consider whether a reasonable person would have understood that the victim had withdrawn consent. If yes, you will be guilty of rape for ignoring their words or actions.

The Legal Meaning of Sexual Assault

The law against sexual assault is under California Penal Code 243.4. The crime can happen when you touch another person’s intimate body parts without their consent, for sexual arousal, sexual gratification, or sexual abuse. This is a wobbler crime, meaning that the prosecutor can file misdemeanor or felony charges against you, depending on your criminal history and the facts of your case.

The elements of this crime, which the prosecutor must prove beyond a reasonable doubt to obtain a guilty verdict, include the following:

  • You touched another person’s intimate body parts

  • The touch was done against the alleged victim’s consent

  • Your actions had a specific intent that is, sexual arousal, sexual gratification, or sexual abuse

While the crime is generally a misdemeanor, the prosecutor will file felony charges in the presence of aggravating factors. For example, if you commit a crime against a minor, a severely intoxicated person, an older adult, or a person with a severe mental condition, you will likely face felony charges.

The primary element of sexual assault is touching. Touching refers to physical contact with a person’s intimate body parts. The touch can be direct or indirect (through their clothes or an object). The touch can also be brief or severe and done through the perpetrator’s body part or an object.

The touch must be on another person’s intimate body part. This includes female breasts, everyone’s groin, sexual organs, buttocks, and anus.

Consent is also needed to touch another person’s intimate body parts. If the touching is done against a person’s consent, you can face sexual assault charges. Remember that a person consents to a sexual act when they freely and voluntarily agree to it. They must also understand the nature of the act to give consent. For example, if you lie to a medical patient that touching their intimate part is part of a medical procedure, and they agree to it after believing your lie, you can be guilty of sexual assault.

A person can file sexual assault charges against you even if you have an ongoing sexual relationship with them. Consent when engaging in sexual acts, including touching, should always be sought, even by people in an intimate relationship.

The Main Differences Between Rape and Sexual Assault

Although they have similarities in their legal definitions, rape and sexual assault are very different crimes. Here are some of the main differences between their legal meanings and penalties:

Legal Definitions

Rape and sexual assault have distinct legal definitions, according to the respective laws under the California penal law. Penetration, however slight, is required for the prosecutor to file rape charges. The crime can be accomplished through threats, intimidation, fraud, force, or violence.

Sexual assault is unwanted sexual touch of another person’s intimate parts against their consent. The touch can be slight or severe, direct or indirect. The prosecutor must prove that you engaged in sexual assault or sexual abuse, gratification, or arousal. Sexual penetration is not necessary for a sexual assault conviction.

Nature of Crime

Rape is a more specific crime in that it only happens when there is sexual intercourse or sexual penetration by one person on another, but under non-consensual circumstances.

On the other hand, sexual assault is broader in scope. It refers to any act that includes sexual touch on another person’s intimate body part against their consent. A sexual body part can be the buttocks, anus, groin, sexual organ, or breasts for a female victim. The touch is also not specific; it can be direct or indirect through clothes or objects.

The Penalties

Since rape and sexual assault differ in nature and severity, they have different penalties under the law for those who are found guilty.

Remember that rape is a straight felony, meaning that its penalties are likely graver than those of a sexual assault conviction. Additionally, sexual assault charges are always a misdemeanor, unless there are aggravating factors in your case.

  1. Penalties for a Rape Conviction

The rape of an adult by another adult is punishable by a maximum of eight years in prison. The rape of a minor by an adult is punishable by 11 to 13 years, depending on the age of the minor at the time of the offense. If the victim is a minor aged 16-17, you will receive a maximum of 11 years in prison. If they are 15 and younger, the maximum sentence can increase to up to 13 years.

Other severe penalties apply, including a requirement to register in the sex offender registry for 20 years. The sex offender registry is publicly available, meaning that anyone running a background check on you will find out about the conviction. This can affect different aspects of your life, including your social and career lives.

Rape is also a strike under the California three-strikes law. It will affect the penalties for subsequent strike convictions on your record. If this is your second strike, you will receive twice the penalties provided for the offense under the law. If you have two prior strikes on your record and this is the third, your sentence can increase to up to 20 years to life.

  1. Penalties for a Sexual Assault Conviction

A misdemeanor conviction for sexual assault is punishable by six months in jail and a fine of $2000. The fine can increase to $3000 if the victim is your employee.

In the presence of aggravating factors, like the sexual assault of a minor, the prosecutor can file felony charges. A felony conviction is punishable by a maximum of four years in prison and a fine of $10,000. If the victim sustains a significant bodily injury, the judge can sentence you to up to five years.

A felony sexual assault conviction also carries a requirement to register in the sex offender registry. You must register yearly at the nearest police station for the period required to remain in the registry. If you relocate, you must update your information in the registry.

The victim of sexual assault can file a lawsuit against you for damages incurred due to your actions. If this happens, you could be required to compensate them for their monetary and non-monetary damages.

How To Fight Rape or Sexual Assault Charges

Although rape and sexual assault differ in severity, they are serious offenses under the law and can result in life-changing penalties. If you face rape or sexual assault charges, you should consult with a skilled criminal defense attorney to seek help in fighting your charges. They will determine the severity of your charges based on the circumstances of your case and your criminal history and advise you on your options. An attorney will also defend your rights and fight for your best interests to be served in court. Here are some defense strategies that can result in a favorable outcome in your case:

The Allegations are False

It is not unusual to face false allegations for a serious sex crime like rape or sexual assault. An alleged victim can file false charges against you for various reasons, including jealousy, a desire for revenge, or to gain an advantage over you. Sadly, a false allegation can result in a wrongful conviction. This is because rape and sexual assault are crimes that mostly happen in hiding. In most cases, judges rely on the victim's word to convict.

However, an aggressive attorney can fight your charges to convince the judge that you did not commit the crime. They can use various strategies to do so, including your alibi. For example, if you were not anywhere near the crime scene, as alleged by the victim, and someone can vouch for that, your attorney can succeed in defending you.

Your attorney can also discredit the alleged victim, especially if it is not their first time filing false accusations. When that happens, the court will dismiss your charges.

You Did Not Engage in Sexual Intercourse

This is a defense strategy you can use if you face false rape charges. From its legal definition, rape occurs when there is non-consensual sexual penetration through force, violence, fraud, or threats. You can fight a rape charge if there was no penetration in the first place. A skilled criminal attorney can uncover details of the matter by interviewing the witness to determine whether the sexual act happened as they claim.

However, if you touched the alleged victim’s intimate parts without consent, the rape charge can be reduced to a sexual assault charge. Remember that rape is more severe than sexual assault. An aggressive attorney can fight to have your charge reduced from rape to a simple misdemeanor sexual assault charge. This will result in a favorable outcome, including less severe penalties.

The Sexual Act was Consensual

Remember that sexual assault and rape are sex crimes committed without the alleged victim’s consent. You must obtain consent from the other person to engage in sexual intercourse or to touch their intimate parts. Consent can be explicit or implied. Explicit consent happens when the other person expresses their consent in words or actions. Implied consent is assumed from their actions. If any of these types of consent were present, and the alleged victim did not withdraw consent, you can fight your charges in court.

The victim may have regretted their actions after the act, causing them to file rape or sexual assault charges against you. However, if they consented to the act, you are not guilty as charged.

The Police Misconducted Themselves During or After the Arrest

A defense strategy like this can result in favorable results even though it is not related to the facts of the case. How the police handle you during arrest or case investigation matters. You can fight for a reasonable outcome if the police forced a confession from you or violated your Miranda rights. You have the right to remain silent after an arrest and the right to an attorney. These rights protect you from incriminating yourself. If the police deny your right to an attorney and force a confession, the confession is inadmissible in court.

If your forced confession is a critical piece of evidence in your case, its inadmissibility in court can leave the prosecutor with insufficient evidence to obtain a conviction.

Find an Experienced Criminal Defense Attorney Near Me

Rape and sexual assault are serious sex crimes in Los Angeles that can result in life-changing consequences in case of a conviction. Their penalties include lengthy prison sentences, hefty court fines, and a damaging criminal record that can affect various aspects of your life. However, you can change the outcome of your case by working closely with a skilled criminal defense attorney after your arrest. They can advise you on your options, gather evidence, and use their best defense strategies to fight your charges.

At The LA Criminal Defense Law Firm, we understand how confusing and stressful a rape or sexual assault charge can be. However, we can work with you to achieve the best possible outcome in your case. In addition to smoothing the complex legal process and protecting your rights, we can represent you in court and fight alongside you until you are satisfied with your case’s outcome. Call us at 310-935-1675 to discuss your case and our services in detail.