Sex Offenses: An Overview
Dating and casual sex often present gray areas in which the parties involved must all be clear about their intentions. Putting alcohol into this mix could confuse things even further. It is important to be familiar with the law and where your obligations lie. To be on the safe side, if the word “No” ever comes up, it is time to call it a night.
Under California law, rape is defined as non-consensual sexual intercourse that involves the use of threat or force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. When a person is incapable of giving consent because she or he is incapacitated from alcohol and/or drugs, sexual intercourse with them is considered non-consensual and therefore rape. This also includes people who suffer from a mental disorder or developmental or physical disability that render them incapable of giving consent.
Other Acts of Sexual Assault
Outside of rape, other sex crimes include forced anal intercourse, forced oral copulation, penetrations of the anal or vaginal area with a foreign object, and forcibly touching an intimate part of another person.
Sexual intercourse with someone 17 or younger is considered statutory rape. Even if the sex was consensual, because of the victim’s age, they are not considered capable of giving legal consent. This is a misdemeanor if the person having sex with the minor is less than three years older.
Contact a San Jose Criminal Defense Lawyer
If you have been charged with rape, sexual assault, or another sex crime, you need the support and commitment or a strong defense. Contact the San Jose criminal defense lawyers of the Law Office of Daniel Jensen, P.C. at (408) 296-4100 today.