Legal Question in Criminal Law in California

Rape in California(21 and 14)

My husband is being charged with:

261(A)(2)PC-Rape with force

288(A)PC-Oral Copulation

261.5(D)PC-Over 21 and under 14

INS hold

We do not have a lot of money but we can prove his innocence(of rape)he did however have consentual sex with this girl.How many years in prison is he looking at if hes found guilty of everything?We have a baby together so im doing everything I can to help him.


Asked on 11/12/07, 12:46 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Rape in California(21 and 14)

I agree with Mr. Nelson. Please note that the young woman's consent is irrelevant to the 261.5(d) (statutory rape) charge, so evidence that your husband had sex with her will actually help to convict him of that offense.

Additionally, the INS hold suggests that, if he is convicted on any of these counts, your husband will be deported after serving his sentence. The same may happen even if he pleads to a lesser offense, depending upon what that offense ends up being.

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Answered on 11/12/07, 4:30 pm
Terry A. Nelson Nelson & Lawless

Re: Rape in California(21 and 14)

You will never 'prove his innocence'. The best you can do is convince a jury, or the prosecutor in a plea deal, that he is 'not guilty'. He's facing many years of state prison time if convicted on any of those charges. Yes, he needs legal help that could be quite expensive if he is forced to go to trial; feel free to contact me if serious about getting private counsel. If you can't afford private counsel, apply for the public defender.

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Answered on 11/12/07, 3:31 pm


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