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In the past, the state of California made a distinction in regard to rape within marriage and outside of marriage, with the terms “marital rape” or “spousal rape” applied in situations where a person was raped by their spouse. Marital rape statistics suggest that this occurs in 10-14% of marriages in the US, with 1/3 of women stating that they have felt pressured or coerced into forced sexual intercourse with their partners.
However, the situation regarding marital rape in California has since changed. In 2021, the state’s legislature enacted a new bill, known as Assembly Bill 1171, which repealed the spousal rape law in California. This means that, since the law was repealed, rape in marriage is subject to the same penalties as rape outside of marriage.
What Is Marital Rape or Spousal Rape?
Prior to the repealing of California’s spousal rape law, the definition of spousal or marital rape referred to any situation in which sexual intercourse or activity takes place without a spouse’s consent. The former statute, Penal Code 262, or PC 262, solidified this definition as part of California’s marital rape laws.
Specifically, PC 262 listed various examples in which the term marital rape could apply. For example, a situation in which a spouse has sex with their partner when the partner is sleeping or unconscious after drinking heavily, or if a spouse uses threats of domestic violence or harm to force their partner into sexual activities.
A Brief History of Spousal Rape Laws
In order to better understand why PC 262 was repealed, it’s important to understand the history of marital rape laws, both in California and elsewhere. For many years, up to the 20th century, it was generally believed that wives were regarded as the “property” of their husbands. This effectively created a culture in which husbands could do as they wished with their wives.
This extended to sexual acts, as well. It was generally understood that upon marriage, a wife forgave her right to consent or refuse sexual intercourse, and was expected to comply with her husband’s sexual demands. Because of this, husbands were granted “spousal rape exemptions” by every state, effectively protecting them against accusations of rape by their wives.
However, as times went by and attitudes evolved, the general consensus began to shift. In the latter stages of the 20th century, specifically in the 1970s, states started to repeal these exemptions. By 1993, all 50 states repealed the exemptions, but several states still treated marital rape as a different kind of crime to rape outside of marriage.
Why Was California Penal Code 262 PC Repealed?
Penal Code 262 was in place for a long time, but the law came under pressure in recent years as feminists and advocates for equal rights argued that spousal rape should not be considered any less serious than other forms of rape. They demanded that the marital rape laws be changed in order to reflect that viewpoint.
In California, for example, according to PC 261, it was possible for spousal rape defendants to use a plea bargain to reduce their sentence to probation, rather than time in prison. Judges in these cases were also able to keep defendants off the sex offender register, which is not the case for regular rape defendants.
Many people took offense at these exceptions and disliked the way that spousal rape was seemingly treated as a lesser crime. They argued that rape in all of its forms is a highly serious offense, and wife or husband rape should not be seen as any less grave than stranger rape. Many rape survivors and victims of sexual abuse also supported this argument.
Most Common Type of Marital Rape
There are various types of rape in marriage. Examples include force-only rape, in which one spouse uses power and control to force the victim into sexual intercourse, but does not proceed to make use of stronger levels of physical violence.
Battering rape is another variety, in which actual physical violence and sexual violence are used. This may involve a wife being beaten by her husband either prior to or during a rape, and this kind of rape is categorized by a spouse using a significant level of force to overpower and harm their victim. It is a severe form of sexual assault.
Finally, there is also obsessive or sadistic rape, which involves a spouse torturing their partner and committing repeated acts of sexual perversion, typically connected to their own sexual obsessions or perversions. This may involve painful sexual acts that the spouse is forced to commit. Marital rape statistics show that the most common variety reported to law enforcement is battering rape.
How Do Prosecutors Prove Marital Rape?
Prosecuting a marital rape case can be difficult. Often, spousal rape victims may suffer high levels of trauma associated with their situation of intimate partner violence, and they may feel under pressure about whether or not to testify due to things like children, other family members, and their relationship with their spouse.
Juries sometimes also have doubts about whether or not a case of rape actually occurred, but prosecutors can use various tools to help in their cases. They may try to find other witnesses to provide testimony aside from the victim, as well as build evidence to show domestic violence and unbalanced power dynamics in a relationship.
Marital Rape Statute of Limitations in California
The spousal rape statute of limitations in California is now the same as the statute of limitations for regular rape: indefinite. In other words, there is no spousal rape statute of limitations, and victims can take action against their abusers even several years after a rape has occurred. This is true for all crimes committed after Jan 1 of 2017. Rape statutes in other states can vary.
What Are the Penalties for Marital Rape?
Rape is charged as a felony in the state of California, rather than a misdemeanor or infraction. A convictedrapist can be sentenced to a prison term of up to eight years. Convicted rapists can also be registered as sex offenders for the rest of their lives.
What To Do if You Are Charged with Marital Rape
If you have been charged with marital rape, the best course of action is to get a lawyer as soon as possible. A legal professional will be able to argue your side of the story and potentially build up evidence to help you defend against a false accusation or reduce the possible sentence that you may receive.
What Are the Best Defenses For Rape Charges?
A criminal defense attorney can help those who have been accused of marital rape, and they may make use of various common defenses, including:
Consent – A defendant may try to show that their spouse consented to any sexual act or that they believed consent had been given.
False Claim – The defendant may also argue that the claim is entirely false and that no rape occurred.
Partially False – The defendant’s lawyer may also argue that the claim is not as severe as it seems and that other sexual acts took place, but not actual intercourse.
Contact a Marital Rape Lawyer Today
If you’re involved in a marital rape or non-marital rape case, it’s important to have proper legal representation and counsel to help you get the best possible result. A Los Angeles rape defense lawyer can help. Contact us today to discuss the details of your case and find out how we can help.
Due to the difficult circumstances and situations in which they often find themselves during their service, many veterans return to civilian life as changed people. They can feel isolated, alone, overwhelmed by their experiences, and even traumatized by their memories. This may lead to them becoming involved in criminal affairs or legal trouble.
In fact, statistics show that veterans who struggle with mental health issues or addictions upon their return home have a higher likelihood to get into legal trouble. The Veterans Court in California aims to provide some kind of solution to this problem, giving veterans another way out, rather than forcing them through the traditional path of the criminal justice system.
What Is Veterans Court in California?
In simple terms, Veterans Court in California is a special program that is available to certain former members of the military who find themselves facing criminal charges. The aim of the Veterans Court program is to give veterans a way to avoid jail time and a criminal record by providing the veterans with certain treatments and services, like court-ordered rehab and counseling.
Provided that the veteran in question meets the Veterans Court requirements, they can be accepted into the program and essentially placed on probation. They will then be required to complete four phases of the program. If they successfully complete the program, the veteran can withdraw their plea and the case can be dismissed by a judge.
In other words, the Veterans Court program represents a good opportunity for any veteran who might find themselves facing a prison sentence. Instead of having to go behind bars, the person can get their whole case dismissed, as well as get some help with rehabilitation, with the help of the Department of Veteran’s Affairs, as long as they meet the Veterans Court eligibility requirements.
How Does Veterans Treatment Court Operate?
The Veterans Court treatment program is quite complex, but structured. Participants are supported by their own team of specialists, including veteran mentors, a judge, a probation officer, and counselors. These professionals help and support the patient during the four phases of their treatment:
The first phase is usually regarded as the hardest. It involves a full evaluation of the veteran and a customized plan tailored to their needs, which lasts around four months. It involves weekly court meetings, progress reports, random drug testing, and more.
The second phase is a lot like the first, but a little lighter in terms of the number of meetings and reports. It lasts around three months.
Phase three of the program involves fewer tests and meetings, running for a total of five months.
Finally, the last phase is designed to help the veteran return to regular life. It still involves some meetings and treatments, but usually concludes with job training offers, education, and other services.
Am I Eligible for Veterans Court in California?
Veterans Court eligibility is something that any veteran will need to be clear on before taking part in the program. You have to meet certain Veterans Court requirements, and the requirements for Veterans Treatment Courts can actually vary from court to court.
In general, these criteria need to be met:
The individual needs to have served in the armed forces
(Army, Navy, etc.) They must have pleaded guilty in a criminal case
They must be suffering from some kind of injury or health problem, like traumatic brain injury, PTSD, MST, or something else
They must agree to participate in the program
The program exists to assist veteran people in need of help, but it does have some limitations. Those involved in sex or gang-related crimes may not qualify, for example. A criminal defense lawyer can help you find out more about eligibility.
Who Is Eligible for Military Diversion?
It’s important to note that the Veterans Court Diversion Program, or Military Diversion, is not the same as a regular Veterans Court. The Veterans Court Diversion Program is for veterans charged with a misdemeanor who has not been previously convicted of anything similar and have not had any diversion in the past.
How Do I Apply for Veterans Court in California?
If you want to apply for Veterans Court DUI or some other criminal charge, the process will vary depending on your local jurisdiction. The best thing to do is contact an attorney and find out about your eligibility. Your attorney will then be able to request the court to allow you onto the program.
Typically, the court will order some kind of mental health assessment or evaluation, and the judge will meet the applicant and their defense team to learn more about them before deciding whether to admit them to the program or not.
The process is usually quite quick and easy in some cases. For example, if a Veterans Court DUI claimant has a history of drinking problems, the case should be clear to see. But other cases can be more difficult to evaluate and take longer.
Does My Jurisdiction Offer a Veterans Court in California?
There are over 20 courts in California that authorize Veterans’ Treatment Programs, with more than 100 locations up and down the state. Contact our professionals today to find out if your jurisdiction provides this veterans service.
While any arrest would make most people worry, when the crime at issue is a violent crime, even the toughest may shudder. Unlike so-called minor or non-violent crimes, those crimes deemed to be violent typically carry with them substantial penalties, and, in most cases, substantial prison time which may include life in prison or capital punishment.
Being accused of any crime, let alone a violent crime should necessitate the retention of an experienced criminal defense attorney, especially one with experience in violent crimes, to ensure that the defendant can establish as aggressive and effective defense as possible.
But, just what is a violent crime? Unfortunately, violent crime definition is not as cut and dry as one would expect. Like the phrase assault weapon, a violent crime may mean different things to different legislatures in different States, as this article illustrates.
What Are The Different Types Of Violent Crimes In California?
Pursuant to California law, the following is the list of violent crimes in this state:
Murder or attempted murder, or voluntary or involuntary manslaughter;
Mayhem, or deliberately causing a permanent disfigurement of another;
Rape (including spousal rape), sodomy, oral copulation, or sexual penetration;
A lewd or lascivious act;
An act in which the defendant inflicts great bodily injury on another;
Violent crimes are treated with extreme seriousness by the California criminal justice system, and any individual convicted of this kind of crime should expect to be prosecuted to the fullest extent of the law. Since most violent crimes are felonies, it can be expected that any prison term will be greater than one year in a California State prison. Moreover, fines, probation, and other court-mandated actions may also be assessed against the convicted individual.
Additionally, although an individual convicted of a violent crime can be expected to spend substantial time in prison, there is an even greater and more devastating consequence that will await the individual upon release from prison. Repercussions of a conviction can extend beyond the penalties themselves. By way of example, convicted individuals may face limited opportunities in both the job and housing markets. Most professional licenses will be revoked, and the ability to obtain such a license after release will be severely curtailed. Most property owners will be hesitant to rent to individuals with a violent crime on his/her criminal record. Additionally, the ability to obtain credit will also be drastically reduced. Finally, in many cases, even if the convicted individual had financial stability prior to conviction, the sheer cost of the trial will most likely deplete this stability, in addition to any fines that are assessed.
It should also be noted that California has a “Three Strikes Law.” According to this law, the conviction of a violent crimemay result in an automatic 25-year sentence, with the possibility of extension to a life sentence, if the convicted individual has had prior convictions for other violent crimes.
Do you need a Criminal Defense Attorney for Violent Crimes in California?
If someone you love has been arrested on suspicion of committing a violent crime, it is essential that you contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys at our office have years of experience in criminal defense and can give you or your loved one truly effective counsel. The attorneys there are available 24/7 to take your call. Contact our lawyers today for an initial consultation.
Making a false statement against another individual can land you in hot water. But can you go to jail for false accusations? In this article, we look at what is considered a false statement and the penalty for a false accusation.
What is a False Accusation?
False allegations are claims of wrongdoing that are factually unsupported or untrue. These are also known as false reports or false claims.
What are Some Reasons Why People Get Falsely Accused?
Before we discuss the penalty for making false accusations, it is essential to look at why people are falsely accused, as only some of these come with a criminal charge. Below are a few reasons why people are sometimes wrongly accused:
Misrecollection – Where an accuser incorrectly recalls the details of a crime
Mistaken identity – Where an accuser mistakenly identifies the incorrect person as having committed a crime.
Misleading forensic evidence – Where experts exaggerate statistical claims, for instance, DNA or hair analysis or forensic evidence is tampered with, compromised, or misread.
Malicious false accusations – Where an accuser intentionally provides police officers with an incorrect statement about an individual committing an offense
Official misconduct – When law enforcement officials or prosecutors commit an act of misconduct or abuse of power when charging an individual for a crime or by asking leading questions that coerce a detainee into having false recollections of an event
Giving a False Report to a Police Officer
A person can be charged with a crime for intentionally giving the police false information in connection with a traffic stop while the officer is performing his/her duties. Possible violations include any of the following:
providing a false answer
presenting false insurance documents
offering a false vehicle registration
or giving the officer a borrowed or fake driver’s license
A conviction for giving false information would be a misdemeanor with up to six months in jail, a $1,000 fine, or both. However, if the false information was offered in an effort to evade arrest, additional felony charges could be possible.
What Happens When Someone Accuses you of Something You Did Not Do?
If you are falsely accused of a crime, you will most likely have criminal charges brought against you. In this case, there are several things to do and ways to handle the situation:
Realize the severity of the situation – Gain an understanding of the severity of the allegations and take the charges seriously.
Hire an experienced criminal defense attorney – Do not attempt to remedy the situation alone. Instead, remain silent and hire legal counsel to guide you through the process, give you legal advice, and protect your rights.
Conduct a pre-file investigation – Before charges are filed, your attorney will gather evidence favorable to the accused and investigate the allegations further. Doing this is an effective strategy to convince the District Attorney (DA) to drop any charges should the investigation bring to light the charges brought are false.
Undermine the accuser’s credibility – By impeaching an accuser, your criminal defense attorney will ask the witness questions that undermine their reputation for truthfulness, casting doubt about whether what they claim they witnessed is, in fact, true.
File a civil suit or malicious prosecution claim – Here, the falsely accused brings a civil lawsuit against the individual who wrongfully accused them and seeks compensation for damages.
Private Polygraph – Taking a private polygraph to prove your innocence is another way to boost your defense and sway prosecutors into dropping the charges and prevent you from getting a criminal record.
What Are the Penalties for Making False Accusations?
So, can you get in trouble for false accusations, and is making false accusations a crime? Yes. In California, making false accusations is a crime and is considered a misdemeanor. But can you go to jail for false accusations? Yes, making false allegations could land you a fine, up to six months in prison, or both.
Can You Press Charges Against Someone for Making False Accusations?
Can false accusations get you arrested? Yes. Further, you can press charges against an individual who wrongfully accused you by bringing a civil lawsuit against them. However, you must show that the defendant filed a frivolous claim against you, that they caused damages due to their false claim, and that they filed their lawsuit for another purpose, like harassment.
Hire a Criminal Defense Lawyer in California
Because you can go to jail for false accusations and just as easily have false allegations filed against you, having a criminal defense attorney is necessary. Contact us if you have questions about false reports or find yourself being wrongfully accused – we are here to help.
If you’ve ever wondered, “What is the Miranda warning?” chances are you’ve heard it before without realizing it. That famous paragraph cops recite to criminals in movies or TV shows that begin with the line ‘You have the right to remain silent” is part of the Miranda Warning.
While used often in cinematic instances, this warning or reading of your rights is very real and is read to an individual by an arresting officer. So, what are Miranda Rights? Let’s take a look.
Who Is Ernesto Miranda?
So, why is it called Miranda Rights? The reading of this warning stems from a 1966 court case known as Miranda v. Arizona. The defendant, 24-year-old Ernesto Miranda, was accused of kidnapping, robbing, and raping an 18-year-old girl. Following his arrest, Miranda was subject to a two-hour interrogation, where he confessed to the crimes.
However, Miranda’s defense attorneys contended that law enforcement had not clearly informed the defendant of his right to have a lawyer present and against self-incrimination, which falls under the Sixth Amendment. Further, Miranda’s lawyers argued that because his rights had not been made clear to him and he was under the duress of detainment, the court should not deem his confession admissible.
In a landmark decision, the Supreme Court ruled that the Arizona Supreme Court decision that Miranda’s confession is admissible must be overturned, forever changing criminal proceedings in the US.
Why is it Called Miranda Rights?
So, why is it called Miranda Rights? Since the Supreme Court ruling in 1966, it has become a constitutional requirement that police inform arrestees of their rights. Because this requirement stems from the Miranda court ruling, these rights earned the name “Miranda Rights.”
Miranda extends the following rights to suspects in criminal investigations:
the right to remain silent;
anything said by the person in custody can and will be used against him/her in court;
the right to an attorney; and
the right to have an attorney appointed if the person cannot afford one.
The right to remain silent means the person under interrogation can decline to respond to police questions at any point. Thus, even if a person decides to answer some questions, he/she can later choose to invoke this right and refuse further to answer additional inquiries.
The warning about any statement being used against the individual in court should be taken at face value, with the knowledge that this information will be presented in the most negative way possible to increase the chances of a guilty verdict.
The right to an attorney means that once this right is asserted police must stop additional questioning until the attorney is present. Note that the person under interrogation needs to affirmatively assert this right, and not just suggest an attorney may be a good idea. Once this right is invoked, the person under questioning should refrain from talking until the attorney arrives.
While people commonly assume these rights only apply to adults, California law extends these same protections to minors who are wards of the state or juvenile offenders. If the police take one of these minors into temporary custody, they must be informed of their rights just like adults.
What Do the Cops Say When They Arrest You?
So, what is the Miranda Warning, and what do cops say when they arrest you? When you are read your rights or “Mirandized,” the arresting officer must clearly and directly inform you of the following:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.”
A waiver then follows this paragraph:
“Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
Following this, you may advise the officer whether you wish to have an attorney or waive your rights and speak with them without a lawyer present.
Additionally, if English is not your spoken language, police officers must translate these rights into a language you understand.
Do You Need to Respond to Police Questioning?
While you are required to identify yourself to officers, you have the constitutional right to remain silent. As a result, law enforcement officers cannot punish you for refusing to speak to the police.
When are Miranda Rights Not Required
Do cops have to read Miranda Rights all the time, or are there instances when Miranda Rights are not required? Firstly, why are Miranda Rights important? These warnings advise arrestees that they may have access to a lawyer in a criminal case. However, officers do not need to read your Miranda
Rights if they are arresting you without the intent to interrogate you, for instance, if you are being arrested for a DUI.
Arrest Without the Reading of Miranda Rights
If a detainee is arrested but not informed what their Miranda rights are, anything they say during questioning cannot be used as evidence in a trial. If you require a Criminal Defense Attorney and need help defending your rights, contact us for sound legal counsel.
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