California Rape Laws (2025)

California Rape Laws (2025): Charges, Penalties, Defenses & Your Next Steps

We defend clients across San Francisco, Oakland, San Jose, the Peninsula, Marin, Contra Costa, Alameda, Santa Clara, and Sonoma Counties. The stakes in rape cases are enormous—prison time, mandatory sex-offender registration, and lifelong consequences for employment, housing, and immigration status.

What Counts as "Rape" in California? (Penal Code § 261)

California defines rape as sexual intercourse without consent under specific circumstances, including use of force, violence, duress, menace, or fear, where the person is prevented from resisting due to intoxication, is unconscious of the nature of the act, or is unable to legally consent due to disability known (or reasonably should be known) to the accused.

Consent under California Law (PC 261.6)

In rape prosecutions, consent means "positive cooperation"—a freely given, affirmative agreement with knowledge of the nature of the act. A dating or marital relationship doesn't prove consent, and lack of resistance isn't consent.

Statutory Rape / Unlawful Sexual Intercourse (PC 261.5)

It's a crime to have sexual intercourse with a minor (under 18) who is not the spouse of the perpetrator. Penalties depend on age differences:

• Not more than 3 years age difference: misdemeanor.
• More than 3 years younger than the accused: "wobbler" (misdemeanor or felony).
• Age 21+ with a minor under 16: "wobbler," with felony exposure of 2, 3, or 4 years under PC 1170(h).
• Civil penalties may also apply: up to $2,000 / $5,000 / $10,000 based on the age gap.

Penalties for Rape (PC 261) & Related Enhancements

• Base sentence (PC 264): 3, 6, or 8 years in state prison (longer in some minor-victim scenarios and when other statutes apply).
• Rape in concert (PC 264.1): additional, severe penalties when two or more act together.
• One-Strike Law (PC 667.61): certain aggravating factors (e.g., use of a weapon, great bodily injury, multiple victims, kidnapping) can mandate 15-years-to-life or 25-to-life.
• Firearm/weapon enhancements (PC 12022.3): added consecutive years if a firearm is used or present during the offense.

The Criminal Process in Bay Area Rape Cases: What to Expect

1. Arrest & Booking – Often follows a complaint, SART exam, or investigation.
2. Arraignment – Bail, release conditions, and criminal protective orders are addressed.
3. Discovery & Motions – We demand evidence (SART results, DNA, digital data), file suppression and in-limine motions, challenge suggestive IDs, and move to exclude prejudicial material.
4. Negotiations – We litigate issues early to improve leverage for dismissals or reduced counts.
5. Trial – Jurors must find guilt beyond a reasonable doubt on each element.
6. Sentencing & Registration – If convicted, the court imposes penalties and any PC 290 registration requirements (subject to petition timing).

Defenses a California Rape Lawyer May Pursue

• Consent / Credibility challenges under PC 261.6 (text messages, prior statements, relationship dynamics, expert testimony regarding memory and perception).
• DNA & Forensics – alternative source/transfer theories; chain-of-custody issues.
• Intoxication / Capacity – whether the accused knew or reasonably should have known of incapacity under PC 261(a)(3).
• Alibi & Digital Timelines – cell-site, app data, location histories.
• Police Procedure – unlawful search/seizure, tainted lineup, coerced statements.
• Charging & Enhancement Errors – misapplied One-Strike factors (PC 667.61) or firearm enhancement (PC 12022.3).

Local, Client-Focused Representation—Walia Law Firm

If you're searching "rape lawyer near me" or "Bay Area sex crime attorney," you need immediate help. Our firm defends professionals, students, workers (including tech employees and commuters across BART-served counties), and people with immigration concerns throughout San Francisco, Oakland, San Jose, Fremont, Hayward, Daly City, Redwood City, Walnut Creek, and beyond.

We also advise clients on parallel Title IX investigations, restraining orders, and media-sensitive defense strategies.

Related California Sex-Crime Statutes

• PC 261 – Rape (definition/circumstances).
• PC 261.5 – Unlawful sexual intercourse (statutory rape).
• PC 261.6 – Consent definition in sex-crime prosecutions.
• PC 263 – Any sexual penetration, however slight, completes the crime.
• PC 264 – Sentencing range for rape.
• PC 264.1 – Rape in concert (acting together).
• PC 667.61 – "One-Strike" life-term sentencing in aggravated sex offenses.
• PC 12022.3 – Firearm/weapon enhancement in sex offenses.
• PC 290 – Sex-offender registration tiers and relief petitions.

Why Hire Walia Law Firm?

• Decades of courtroom experience in Bay Area courts (SF, Alameda, Contra Costa, Santa Clara, San Mateo, Marin).
• Aggressive motion practice to exclude unreliable evidence and strike enhancements.
• Forensics-savvy defense (DNA, SART protocols, digital evidence).
• Discreet, client-first strategy for professionals, students, and non-citizens.