Facing Rape Charges in California: Can You Get Out on Bail?
California rape laws include the possibility of significant penalties. When a person is arrested for rape, the court may allow you to be released on bail while the case is pending. Bail for rape depends upon several different factors. If a bail amount is set, then you can work with a bail bonds company to make arrangements for the bail to be posted.
California rape statistics indicate that there are thousands of rape cases each year. According to these California rape statistics, there are approximately 2 million rape victims in the state.
What are the California rape laws?
According to Penal Code 261 PC, any non-consensual sexual intercourse that occurs through threats, force, violence, duress or fraud could result in rape charges. Penal Code 261 PC requires that the persons involved were not married. Any penetration of the vagina or genitals could be considered sexual intercourse. The act is considered as nonconsensual if the alleged victim did not act freely or voluntarily.
What are the penalties for rape in California?
The penalties for rape in California include felony charges with the possibility of up to 8 years in prison. If the victim is under 18 years old, then the prison time could be up to 11 years. If the victim is under 14 years old, then you could face up to 13 years in prison. A person convicted of rape must register as a sex offender.
In addition to the possible prison time, a rape conviction could result in imposition of financial penalties, court ordered treatment, probation, and community service. A felony conviction may also result in loss of certain civil rights.
Are there any defenses to rape?
There may be defenses to rape charges, depending upon the facts of the case. If the sexual intercourse can be shown to have been consensual, then it could result in dismissal of the charges. Also, all elements of the charge must be proven beyond a reasonable doubt. If doubt can be raised as to any element of a rape charge, then it could result in an acquittal.
If your constitutional rights were violated during the case, then it could result in suppression of evidence or dismissal. For example, if the police searched you without a warrant and no exception to the warrant requirement can be identified, then evidence obtained from the illegal search cannot be considered.
What happens if you are arrested for rape?
If you are arrested on rape charges, then you will be advised of the charges against you and your rights. The court will consider whether to allow you the possibility to be released on bail while the case is pending. In determining whether to allow bail and the specific dollar amount to order, the court will consider several factors.
- The seriousness of the allegations
- Your criminal record
- Whether you have ties to the community
- Your employment
- If you are a flight risk
- Possible threats to the victim
If the court sets a bail amount, it may also have certain restrictions and conditions that must be followed while you are released. This could include GPS monitoring, drug/alcohol testing, restraining orders, and other pretrial conditions. Failure to comply with these requirements or failing to appear for your court hearings could result in the revocation of your release. Bail for rape will consider the possible impact the release could have on the victim.
Rape allegations are serious, so you should contact an attorney
If you are arrested for rape, you should contact an attorney. An attorney will provide legal representation and help protect your rights. If you are incarcerated, an attorney can argue for bail to be set or for the bail amount to be reduced if it is excessive. An attorney can assist in securing the bail from a bail bonds company.