Rape & Sexual Assault Lawyer in Vista, CA

How Peter Liss Can Help You Fight the Allegations

Every sexual assault case requires a different defense strategy. Depending on the facts of your case, Peter Liss may take the following steps to protect your rights and challenge the prosecution’s evidence:

• Arrange for your arrest to occur away from work to avoid damaging your reputation.
• Fight to reduce your bail or get you released without bail.
• Retest any forensic evidence in an independent lab.
• Interview and present witnesses who back your story.
• Consult with mental health professionals or doctors to show you would be unable to commit the crime you have been accused of.
• Research the alleged victim’s past to see if they have a motive to lie or a record of filing false police reports.
• Review the prosecution’s evidence to find holes in their case.
• File court motions to have evidence suppressed, the charges reduced, or the charges dropped altogether.
• Negotiate for a plea bargain to minimize the sentence or charges against you.
• Work to secure alternative sentencing or minimal penalties.

What is Rape Under California Law? 261 (PC)

Under California Penal Code 261 (PC), rape occurs when someone has sexual intercourse with an unwilling, unknowing, or unconscious person.¹ It may involve sexual acts:

• Performed with the use of force, threat, or fear of immediate injury
• On a victim who is unable to consent due to alcohol or drug intoxication
• With an unconscious person
• With a victim who is mentally or physically unable to consent
• Initiated through false impersonation of another individual
• Performed under threat of arrest or deportation

“Any amount of penetration is sufficient, no matter how slight,” explains attorney Peter Liss. “Additionally, rape charges can still be filed even if the parties involved had previously engaged in consensual sex —even if it involves married partners.”

Date Rape and Acquaintance Rape

Notably, California’s rape law does not require an offender to use physical violence. Rape can occur any time a victim says “no” or is unable to say “no.” As a result, date rape and acquaintance rapes are among the most commonly prosecuted rape allegations under 261 (PC).

What is Sexual Assault?

In other states, sexual assault is a criminal charge synonymous with rape. In California, sexual assault is not a specific criminal charge. The average person may use the terms interchangeably, but under the law, sexual assault can be applied to many sex crimes involving unwanted sexual conduct, including:²

• Rape
• Forcible Oral Copulation
• Forced Sodomy
• Forcible Penetration with a Foreign Object
• Child Molestation
• Sexual Battery

Aggravated Sexual Assault: 667.61 (PC)

With the exception of sexual battery, sexual assault offenses can be subject to dramatically enhanced penalties if they involve certain aggravating factors. Known as California’s One-Strike Law, Penal Code 667.61 (PC) states that most forms of sexual assault can carry penalties of 15 years to life if the offense:³

• Involved more than one attacker
• Utilized a weapon
• Caused bodily injury to a victim under 14
• Was committed by someone with a prior conviction
• Involved mayhem or torture
• Was performed in conjunction with a burglary or kidnapping
• Was completed by drugging the victim
• Involved binding the victim

“Allegations involving these aggravating factors often receive greater scrutiny from prosecutors and jurors, making experienced legal representation especially important,” warns Liss. Hire a rape defense lawyer with experience fighting aggravated sexual assault charges in California.

Criminal Penalties for Sexual Assault and Rape

With the exception of sexual battery, almost all forms of sexual assault have the same penalty —between three and eight years in prison and a $10,000 fine. In other words, the sentence is the same for rape filed under 261 (PC),⁴ unlawful sodomy filed under 286 (PC),⁵ or child molestation charged under 288 (PC).⁶

Great Bodily Injury Enhancements

If the victim suffered great bodily injury, an additional three to five years may be added to the prison term,⁷ bringing the total sentence to 6 to 13 years.

Aggravated Sexual Assault Penalties

Those convicted of aggravated rape under California’s One-Strike Law (Penal Code 667.61) face much harsher punishments. A conviction can result in a sentence of 15 years to life in prison. “If the victim is under 18,” explains Liss, “the crime is always punished by life imprisonment.”

Crimes Against Minors

If the rape victim is a minor, the penalty increases to 11 years in prison. If the minor was under 14, the sentence goes up to 13 years. If the victim was under 14 and the suspect is seven years older, the sentence could be 15 years to life.⁸

Sentencing Summary

Attempted Rape

Any attempted crime is punishable by half of the sentence of the completed crime. So attempted rape is punishable by up to four years in prison.⁹ Offenses punishable by life imprisonment, such as aggravated rape of a minor, still carry a life sentence for attempted offenses.

Additional Consequences

Aside from the immediately apparent penalties, those charged with rape or other sexual assault offenses may face other legal consequences. These additional penalties will vary based on your specific circumstances, but could dramatically affect your future.

Sex Offender Registration

If you have been convicted of sexual assault, you will also be forced to register as a sex offender. Rape and other violent or forceful sexual assaults require registration for at least 20 years. Many offenses are subject to lifelong registration.¹⁰

“As a sex offender, your name, address, photograph, and the crimes you committed will be available to the public,” explains Liss. “This information is publicly available on the internet.”

The Three Strikes Law

Rape and most other sexual assault offenses are considered strikes under the state’s three strikes law.¹¹ Under this law, those with a prior qualifying offense on their record will have their sentence doubled. Anyone with two strikes on their record can be sentenced to life imprisonment.

The Consequences of a “Sexually Violent Predator” Label

If prosecutors can prove that a defendant is a sexually violent predator, meaning they are likely to reoffend, being released from prison is not the end of their punishment. They may be subject to mandatory confinement in an institution or chemical castration.¹²

Immigration Consequences and Loss of Professional Licenses

Beyond the immediate penalties, rape and sexual assault convictions can also affect your professional license or immigration status. “These acts are considered violent offenses and crimes of moral turpitude,” explains Liss, “meaning they can have dramatic impacts on your future employment.”

If you are not a citizen, you may be deported after being convicted of these crimes.

What to Do When You’re Accused of Sexual Assault

What you do immediately after being accused of rape can dramatically affect your future, including possible legal charges, reputational damage, and personal consequences. Here’s what to do after you find out you are a suspect:

Avoid Discussing the Case

Do not speak with the alleged victim, police, or prosecutors. Even if you haven’t been named as a suspect and haven’t been read your Miranda rights, police may be collecting evidence while asking you about the victim or the day of the assault.

Police sometimes get suspects to talk by lying about evidence. They may claim the rape kit tested positive for your DNA even if there was no rape kit at all. If you attempt to defend yourself, you could harm your case. Stay silent and ask to speak with a lawyer.

Additionally, “police may set up calls between the alleged victim and the suspect, hoping the accused will say something that can be used against them,” warns Liss. “Even an apology can be seen as a confession.”

Remember that anything you say can be used against you. Saying the alleged victim “was into it” could prevent you from later saying you did not have intercourse. If you say they were “really hammered,” this could be used as proof that you knew they were too intoxicated to consent. If you tell police you never met the victim, but witnesses saw you together, anything you say after that point will seem untrustworthy.

Call a Rape Defense Attorney

Only speak to the San Diego police or sheriff’s deputies with your lawyer present. If police attempt to question you, say you are invoking your right to silence and wish to speak with your attorney. Your lawyer can protect your rights and help protect you from saying something that may harm your case later.

Call attorney Peter M. Liss immediately if you’ve been accused of rape or sexual assault.

Do Not Consent to Warrantless Police Searches

If police ask to search your property, refuse unless they have a warrant. If they do, read it to ensure it is valid. If the warrant is valid, step aside and let the police in. Then call your lawyer.

Never give officers a DNA sample without a warrant. “Be cautious when you are around the police,” warns Liss, “in some cases, they may offer a drink, a cigarette, food, or gum to get a DNA sample without a warrant.”

Collect and Preserve Evidence

If you have evidence to back your story, collect it and give it to your attorney. If you worry that something could be used as evidence against you —including journal entries, texts, or emails —do not damage or delete it. Doing so could be considered destroying evidence.¹³

Common Defenses to Rape & Sexual Assault

“Sexual assault is often difficult to prosecute and to defend,” explains Liss. While these cases frequently involve circumstantial evidence, the allegations are emotionally charged enough to damage someone’s reputation, even without a conviction. If you have been accused of rape in Vista or elsewhere in North County, only work with a criminal lawyer experienced in handling these serious allegations.

Lack of Evidence

Many reported rape cases involve little or no physical evidence, as few victims choose to go to the hospital to undergo an invasive “rape kit” examination after being sexually assaulted.¹⁴

If there is no physical evidence and no witnesses, then the case ultimately comes down to one person’s word against another. While this is occasionally enough to secure a conviction, it is usually insufficient to prove guilt beyond a reasonable doubt.

Consent

Even with a forensic exam, the evidence indicating intercourse happened does not show whether it was consensual. This defense is more challenging if the victim has physical injuries, unless both parties agreed to rough sex.

Note that consent is not a full defense in cases where the victim is a minor, as they are considered unable to consent. However, consent may result in charges being reduced to statutory rape allegations instead of rape of a minor.¹⁵ Charge reductions can be beneficial, as the rape of a minor typically carries a maximum penalty of 11 years in prison, while statutory rape is punishable by three years.

Not Overly Intoxicated

You cannot have sex with someone who is too intoxicated to consent, but what’s considered “too intoxicated” is subjective. It is not illegal to have sex with someone after one beer, though it is illegal to have sex with someone who has passed out from drinking. Most sexual assault cases involving intoxication fall somewhere in between. A Vista sexual assault attorney can challenge the claim that the other party was too drunk to consent.

Mistaken Identity

Just because a sexual assault occurred doesn’t mean the accused party is guilty. It is common for the wrong individual to be charged in cases involving drugs, alcohol, or assault by a stranger.

False Allegations

False rape allegations are relatively uncommon, but they do happen.¹⁶ If you believe the complainant may have ulterior motives or is seeking retribution, inform your attorney, as this information may support your defense. Be aware, though, that this strategy may pose risks if the accuser was, in fact, the victim of a sexual assault.

Flaws in Evidence Procedure

If there were any flaws in how physical evidence was collected, stored, transported, or tested, this may render it inadmissible in court.¹⁷

Plea Bargains

In some cases, the best line of defense is to have your attorney negotiate the charges or sentencing down in a plea bargain. Common lesser charges used in these cases include sexual battery or statutory rape.

What Kind of Evidence is Used in Rape Cases?

Sexual assault convictions may rely on a variety of physical evidence, witness statements, and circumstantial facts. While the prosecution may rely on evidence indicating a defendant’s guilt, remember that your attorney can introduce evidence supporting your side of the story as well.

Common forms of evidence in these cases may include:

• DNA evidence
• Rape kits
• Witness testimony
• Video footage
• Social media posts and messages
• Text messages and phone calls
• Defendant statements

“Few forms of evidence conclusively prove guilt,” recommends Liss. DNA evidence may show that you slept together, but not whether the act was consensual. Evidence showing you were with someone earlier in the night does not prove you were together later, let alone that you engaged in a non-consensual sex act with them. However, police often use these facts during questioning to obtain admissions or inconsistent statements.

Do not speak to anyone about the case without an attorney present, or you may accidentally provide investigators with more evidence.

Find more information on how physical evidence is collected after a sexual assault here.

Call An Attorney Immediately

You cannot build a defense without legal representation. The best way to avoid these devastating consequences is to hire a criminal defense attorney early. They can gather evidence, fight improper property searches, and persuade the District Attorney not to file charges in cases with insufficient evidence.

Lawyer Peter Liss can represent you against rape or sexual assault allegations in Vista and the rest of North County. He has over 40 years of experience protecting clients charged with these serious criminal offenses.

Act now to protect your future and reputation. Call (760) 643-4050 now to schedule your free, confidential consultation.