Rape is defined as the act of sexual intercourse accomplished by a person that is not the spouse of the perpetrator, where it is accomplished against the persons will by force, duress, violence, menace or fear of immediate bodily injury.

About 91% of all rape victims across the U.S. are women. Some surveys show that in only rare instances is the perpetrator a stranger. This is in contradiction to what most people think. With a growing prison population, prison rape is on the rise but rarely reported for obvious reasons.

One common charge in Orange County is Statutory Rape, a violation of Penal Code section 261.5. Having sex with a minor (under 18) can be considered a crime and prosecuted, depending upon the circumstances.

Rape is almost always a crime of violence, rather than for sexual gratification. In fact, the root of the word rape is from the Latin verb rapere, to seize or take by force.

There are many other circumstances where a rape could be found to have occurred, including where the victim suffered from mental incapacity, unconsciousness, sleep or where the victim was not aware, knowing, perceiving or cognizant of the essential acts due to the fraudulent purposes and where there was no professional purpose (example- doctor says a medical “treatment” is necessary when it in fact it isn’t).

Classic defenses include Consent, where the accused argues that the complaining witness consented to the sex. There are many cases where the complaining witness felt regret over an encounter and decides to press charges, or complains to someone who then calls law enforcement. These are difficult cases to prosecute because the delay in accusation, coupled with alternative explanations, renders the truth somewhat obscured. That is where the defense of False Accusation comes into play. It is crucial to conduct thorough investigation up front, contacting witnesses and obtaining statements as quickly as possible to preserve the record.

Orange County criminal defense attorney William Weinberg has represented numerous defendants charged with Rape across southern California and in Orange County, California.