Sexual Assault vs Rape: Criminal Penalties in California

What to Expect If You Are Facing Rape or Sexual Assault Charges

Rape and sexual assault are two of the most serious crimes that someone can be accused of committing. While the terms are often used interchangeably, they are defined differently under California state law. In general, rape involves any non-consensual penetration while sexual assault involves any unwanted sexual touching or contact. Rape is often considered a form of sexual assault.

If you have been charged with rape or sexual assault in California, you need to contact an attorney. At Ridley Defense, our criminal defense lawyers will help you understand your rights. We know the stigma that even accusations of a sex crime carry, which is why we work hard to obtain the best possible outcome in your case.

Ridley Defense founder, Douglas Ridley is a former Ventura County deputy district attorney well-versed in handling even the most complex and serious criminal cases. If you were arrested for rape, sexual assault, or another violent crime, contact our office at  (805) 208-1866 for a complimentary consultation.

What Is Sexual Assault?

Sexual assault actually covers a wide range of crimes in California. In general, it refers to any nonconsensual sexual touching or contact. Crimes such as rape, oral copulation, sodomy, and forcible acts of sexual penetration are all considered sexual assault.

One of the most commonly charged forms of sexual assault is sexual battery. Penal Code Section 243.4 defines the crime as the nonconsensual touching of a person’s intimate parts of their body for the purpose of “sexual arousal, sexual gratification, or sexual abuse.”

What Are the Penalties for Sexual Assault in California?

Crimes like sexual battery can be charged as a misdemeanor or a felony depending on the circumstances of the case. If convicted of misdemeanor sexual battery you may face up to one year in county jail and a fine not to exceed $2,000. If convicted of felony sexual battery, you could face 2, 3, or 4 years in state prison and a fine not to exceed $10,000.

What Is Rape?

Rape is explicitly defined by California Penal Code Section 261. Rape, under state law, does not have to be accomplished through force or violence. It can be charged if sexual intercourse was committed on a person incapable of giving consent.

A person may be charged with rape if:

• The person was incapable of giving legal consent because of a mental disorder or physical disability;
• The intercourse was committed through the use of “force, violence, duress, menace or fear of immediate and unlawful bodily injury on the person or another;”
• The person was unable to resist because they were intoxicated or anesthetized;
• The person was “unconscious of the nature of the act;” 
• The person was defrauded as to the identity of the perpetrator; or
• Threats of retaliation or arrest were used to coerce the intercourse.

The penal code also defines statutory rape as sexual intercourse with a minor, unless the minor is their spouse. A minor is defined as someone under the age of 18. 

What Are the Penalties for Rape in California?

A conviction for rape is punishable by 3, 6, or 8 years in prison. In addition, a person convicted of rape may be required to register as a sex offender for life.

Charged with a Sex Crime? Contact Ridley Defense Today.

Were you charged with sexual battery or rape in California? Contact Ridley Defense today at  (805) 208-1866 to speak directly with an attorney. We offer complimentary consultations on all criminal cases. Get experienced representation on your side to protect your reputation and your future. We represent clients throughout Southern California including Los Angeles, Ventura, and Santa Barbara Counties.