What am I facing if I was charged with rape class A? 8 Answers as of December 10, 2013

I was accused of rape class A but it wasn't rape. She came to my apartment, came to my room. It was consensual. Seven hours later, she accused me. I don't have any record at all. I'm clean. She's 18. What can the charge be if found guilty?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You are facing 25 years to life in prison.
Answer Applies to: Georgia
Replied: 12/10/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Rape is a violation of California Penal Code Section 261. 261. (a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: (1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent. (2) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. (3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused. (4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions: (A) Was unconscious or asleep. (B) Was not aware, knowing, perceiving, or cognizant that the act occurred. (C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact. (D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose. (5) Where a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. (6) Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, "threatening to retaliate" means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. (7) Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official. (b) As used in this section, "duress" means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress. (c) As used in this section, "menace" means any threat, declaration, or act which shows an intention to inflict an injury upon another. 264. (a) Except as provided in subdivision (c), rape, as defined in Section 261 or 262, is punishable by imprisonment in the state prison for three, six, or eight years. (b) In addition to any punishment imposed under this section the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates Section 261 or 262 with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (c) (1) Any person who commits rape in violation of paragraph (2) of subdivision (a) of Section 261 upon a child who is under 14 years of age shall be punished by imprisonment in the state prison for 9, 11, or 13 years. (2) Any person who commits rape in violation of paragraph (2) of subdivision (a) of Section 261 upon a minor who is 14 years of age or older shall be punished by imprisonment in the state prison for 7, 9, or 11 years. (3) This subdivision does not preclude prosecution under Section 269, Section 288.7, or any other provision of law. In addition, a person convicted of rape is required to register as a sex offender every year for the rest of his life.
Answer Applies to: California
Replied: 12/5/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Retain a good criminal lawyer and tell him the truth. He cannot help you or make good decisions if you do not tell him hte truth and every detail of the events. There must be some reason she accused you and the motive is critical to your defense. You will likely get a prison term if convicted of rape so make sure you choose a good lawyer from the Avvo list in your city and do not use a pubic defender if you can afford the retainer.
Answer Applies to: New York
Replied: 12/5/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Don't talk with anyone about this. Don't talk with the cops and get a lawyer ASAP to defend your case. Very serious charges and not something you're likely to avoid.
Answer Applies to: Nebraska
Replied: 12/6/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
I am not even going to speculate because I don't have all the facts. These charges are very serious. If convicted, you could go to jail for a long time AND be required to register as a sexual offender/predator. None of this is good. You need to hire an attorney who can help you and, if what you say is true, work with authorities and try and keep charges from being filed. Do not take this lightly.
Answer Applies to: Washington
Replied: 12/5/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    10 years
    Answer Applies to: Nevada
    Replied: 12/5/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You are facing prison time and possibly having to register as a sex offender. Do not talk to anyone about the facts of the case, especially the police. Retain an experienced criminal defense lawyer in your area that handles rape and sex crime cases. This is very serious and you want the best possible representation you can have.
    Answer Applies to: Michigan
    Replied: 12/5/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Get a lawyer ASAP and do not post on web-sites such as this. Don't talk to anyone about this other than a lawyer. This is a serious charge for which you could face a long jail sentence if you do not retain counsel to present a successful defense. You cannot handle this without a lawyer. If you don't have money for a lawyer, talk to your family and otherwise raise the money-this is your life we are talking about there is nothing more important for you. If you cannot afford a lawyer, a public defender will be appointed, but in my experience public defenders often do not have adequate resources and time to defend these cases. Many public defenders are dedicated, well-meaning and talented lawyers, but they are often at a disadvantage compared to private counsel.
    Answer Applies to: New York
    Replied: 12/5/2013
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