Wednesday, July 6, 2022

Hayward, Oakland, Fremont, Concord, And Pleasanton Sex Crime Attorney

Date rape charges—easy to accuse, but increasingly more difficult to disprove.

It is in the news—a high-profile sports figure or Hollywood star is accused of date rape. The media and the law seem to be on the side of the accuser. False accusations of date rape happen all too frequently to innocent people. How does the accused fight for his rights?

Date rape is defined as non-consensual intercourse that takes place between two individuals who are dating or spending time together. However, if the accusing party is a minor it goes beyond rape and is classified as statutory rape in Pleasanton. In California there are technically no date rape laws; however, Penal Code 261 rape law is used to prosecute and punish those accused of date rape. Unfortunately for the accused, an accusation of date rape does not require any evidence. Also, attempts by the accuser or police to record phone calls may occur once a complaint is made against you.

When date rape or Pleasanton statutory rape charges are being filed against you, speak to no one and call the sex crime attorneys at the Law Offices of Robert J. Beles to help you build a strong Pleasanton rape defense. Our certified criminal lawyers evaluate, investigate, and aggressively work to reveal the truth of what really happened when someone is falsely accused of rape charges.
In order to accurately build a rape defense in Pleasanton, our sex crime attorneys understand what the prosecutor attempts to use against an individual accused of date rape:

  • The sexual act was not consensual
  • The victim a minor (statutory rape)
  • The alleged victim was intoxicated voluntarily negating consent
  • The alleged victim was involuntarily intoxicated (date rape drugs) which definitely negates consent
  • Use of “Rape Shield Laws,” which protect the alleged victim from using previous sexual history against her, thus bringing into question her allegation

It is our job as experienced sex crime attorneys to review the facts of the case. We gather police reports, interview witnesses, investigate all of the parties involved, and review the evidence, retesting if necessary. Our goal for our clients is to gain an acquittal or reduce the Pleasanton rape charge to a less serious offense. We also look at any exceptions that may be available to the “Rape Shield Laws.”

Rape is a felony with punishments ranging from:

  • Probation under Penal Code 1203 unless the rape involved force or violence
  • Imprisonment of three, six, or eight years
  • Additional imprisonment under Penal Code 12022.7 if the victim sustains great bodily injury
  • Life time sex registration under Penal Code section 290.

If you are living in Livermore, Newark, Pleasanton, Piedmont, Antioch, Clayton, or any city located in Alameda and Contra Costa counties, are accused of date rape, and are concerned for your rights and your freedom, schedule a consultation now with an experienced sexual crimes defense lawyer who knows California rape laws by contacting the Law Offices of Robert Beles.

State Certified Specialists
Robert Beles - State Certified Criminal Law Specialist
Anne Beles - State Certified Criminal Law Specialist
Paul McCarthy - State Certified Appellate Law Specialist
Manisha Daryani - State Certified Appellate Law Specialist
Emilio Parker - State Certified Immigration Law Specialist
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