San Diego Sexual Assault Attorney

Some key questions that often arise in sexual assault or rape cases are as follows:

Is there sufficient evidence of sexual penetration to support a charge of statutory or "date" rape?
If predatory rape is the charge, is mistaken identity a possibility?
If, indeed, sexual contact occurred, is there sufficient evidence to prove that intercourse was forced, rather than consensual?

Contact San Diego Criminal Defense in downtown San Diego to schedule a free, confidential consultation with an experienced trial lawyer.

Talk to an Experienced Defense Lawyer As Soon As Possible

Even if a sex act occurred which has now resulted in allegations, charges, or an arrest for sexual assault or rape, defendants are strongly encouraged not to discuss the case with anyone—not even the accuser—before talking to an experienced sex crime defense attorney.

What is Rape?

In California rape is defined by statute as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:

(1) Where a person is incapable, because of a mental disorder or developmental or physical disability*, of giving legal consent, and this is known or reasonably should be known to the person committing the act.

(2) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:

Was unconscious or asleep.
Was not aware, knowing, perceiving, or cognizant that the act occurred.
Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.
Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

Variations on the theme may include allegations of gang rape, male rape, teen rape, Lolita rape, or sexual abuse. Regardless of the particulars, an astute sexual assault defense attorney looks closely at key elements of the alleged crime: intercourse, victim, and force.

What are the Facts behind Your Case . . . and your Arrest?

We work with the very best private investigators to get a full picture of the alleged crime, including detailed background information on the accuser.

Is she a credible witness?

Is every piece of evidence presented by the prosecution verifiable—and was it properly obtained?

Has she falsely reported rape in the past against another man?

Effective Defense Strategies

Possible sexual assault or rape defense tactics may include the following:

Motions to suppress questionable evidence
Psychological evaluation which may demonstrate that counseling is a preferred option to jail
Effective Cross Examination to expose the lies of the accuser.

Contact San Diego Criminal Defense 24 / 7

At San Diego Criminal Defense, our sex crime defense practice is comprehensive and professionally managed. We are up to date on the laws and best practices. We advocate from a position of strength on behalf of our clients before prosecutors, judges, and juries. Contact us to schedule a free, confidential consultation. As needed, we are on call 24 hours a day, 7 days a week. We offer validated parking, and weekday, weekend, and evening appointments for your convenience.

*Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.

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