Los Angeles Date Rape Attorney

What is Date Rape?

Date Rape is when a victim is forced to engage in non consensual sexual intercourse between people who have been in a dating relationship. This applies to a first date or a long relationship. It is prosecuted under California's Rape Law, which is covered in Penal Code Section 261. Basically, date rape criminal charges are no different than a rape charge and must be proved like any rape case.

California Rape Law Information

In order for a prosecutor to obtain a rape conviction, they must prove that the defendant had sexual intercourse with a woman under any one of the following circumstances:

• Victim was mentally or physically unable to give legal consent
• Force or fear of bodily injury was used against the victim
• Victim was given alcohol or drugs that prevented her from resisting
• Victim was unconscious and not able to legally give consent

Penalties for a Rape Conviction in California

Since a rape conviction is considered a felony sex crime offense, it qualifies as a "strike," under California's Three Strike Law. If a defendant is convicted, they could face a long state prison sentence of up to 8 years, and additional time could be added if the victim sustained physical injuries or if they were under 18 years old. In addition, a conviction will carry lifetime sex offender registration.

Contact a Date Rape Attorney in Los Angeles

The criminal defense lawyers at Kestenbaum, Eisner & Gorin has defended many clients against accusations of date rape. The facts surrounding this type of sex crime are often hazy, with the incident occurring while one or both parties being were under the influence of drugs and/or alcohol. Date rape is not a legal term and it merely refers to the nature of the relationship of the people involved. In many cases, these types of accusations arise out of a misunderstanding or may even be fueled by a desire of the accuser to seek revenge on the accused because of a relationship gone wrong or a break up.

Working with our very own on-site private investigator, we will seek to uncover the entire story behind rape allegations against our clients and we then present the facts left out of the police-conducted investigation to the prosecuting attorney in hopes of making the case go away or reducing the charges.

With our decades of combined experience, we have the necessary skills to handle any type of rape allegation. We have practiced law both as criminal defense attorneys and prosecutors. Because of this, our lawyers understand how prosecutors build their cases and we know what kinds of defense strategies will break those cases down.

We are committed to our clients and work as zealous advocates protecting their legal rights. Call our law firm today to seek assistance with your date rape case in Los Angeles or anywhere in the state of California. We are available 24 hours a day, 7 days a week.