California Penal Code 261 – Rape

Overview

Rape under Penal Code 261 PC is defined as non-consensual sexual intercourse accomplished through force, fear, duress, or fraud. It is one of the most serious sex crimes in California, carrying years of prison time, mandatory sex offender registration, and life-altering consequences.

False accusations are not uncommon in rape cases—particularly in emotionally charged situations involving dating, alcohol, divorce, or revenge. These cases often come down to conflicting testimony, credibility, and consent.

At Jones Trial Attorneys, we aggressively defend those accused of rape by exposing false narratives, uncovering hidden motives, and challenging unreliable or unsupported claims.

Legal Definition

Penal Code § 261(a) states:

“Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances…”

The law outlines specific scenarios, including:

• Lack of consent due to force, fear, or threats

• Victim is intoxicated or unconscious

• Victim is incapable of giving legal consent due to disability or age

• Deception or fraud is used to obtain consent

Elements of the Crime

To convict someone of rape under PC 261, the prosecution must prove:

1. The defendant engaged in sexual intercourse with the alleged victim;

2. The intercourse was non-consensual; and

3. The act was accomplished through force, fear, duress, or incapacity.

“Intercourse” requires only slight penetration and does not require ejaculation.

Penalties for Rape

Rape under PC 261 is a felony, and penalties vary based on the circumstances:

• 3, 6, or 8 years in state prison (basic penalty)

• Up to 11 years if the victim was a minor

• Additional time if committed with a weapon, by multiple people, or during the commission of another felony

• Mandatory lifetime sex offender registration under PC 290

• Strike offense under California’s Three Strikes Law

Probation is rarely granted and only under very limited circumstances.

Defenses to Rape Charges

Consent is the central issue in many rape cases. We use a multi-pronged defense strategy that includes:

• Affirmative consent – The alleged victim voluntarily participated

• False accusation – Arising from jealousy, anger, regret, or manipulation

• Mistaken identity – Particularly in cases with minimal physical evidence

• Inconsistent or unreliable testimony

• Lack of corroboration – No forensic or physical evidence supporting the claim

• Violation of Miranda rights or illegal search/seizure

Our team works with forensic experts, private investigators, and psychologists to break down complex allegations.

Immigration and Collateral Consequences

A rape conviction is one of the most damaging in criminal law:

• Automatic deportation and permanent inadmissibility for non-citizens

• Sex offender registration for life

• Barred from most employment, professional licenses, or housing

• Social stigma and reputational ruin

We treat these cases with discretion, sensitivity, and an unwavering focus on protecting your future.

Related Offenses

• PC 261.5 – Unlawful Sexual Intercourse with a Minor

• PC 243.4 – Sexual Battery

• PC 286 – Sodomy

• PC 288 – Lewd Acts with a Minor

How Jones Trial Attorneys Can Help

A rape accusation can destroy your reputation and freedom—even if it’s false. We take immediate action to protect your rights, preserve evidence, and build a strategic defense that aims to prevent charges or win at trial.

💼 Free consultations

⚖️ Discreet, experienced sex crimes defense

📍 Based in San Diego, representing clients statewide in high-stakes cases

Accused of Rape? Don’t Wait. Call Us Now.

Call us at (866) JTA-WINS or Schedule a Free Consultation using the form below.