Rape Criminal Defense Lawyer in Los Angeles, California
A rape allegation can derail your entire life. And because the District Attorney’s office ferociously pursues these cases, a conviction can take away your future, job, kids, and even freedom.
However, you must remember that an accusation or arrest is not a conviction. You have the right to a defense. Our Los Angeles rape defense lawyer is here for you.
Call on criminal defense lawyer Ninaz Saffari and the Saffari Law Group today for help defending your future: (213) 460-4922.
What Our Rape Defense Lawyer Can Do for You
An accusation of Rape can be terrifying. Our team can protect you from these charges, treating you with compassion while ensuring you know what you’re up against.
We aren’t going to sugarcoat anything for you; you’ll know how serious these charges are, so you’ll know how hard we’re fighting for you. Ninaz and the Saffari Law Group will:
- Investigate the allegations
- Determine the validity of the accuser’s story
- Search for holes in their story
- Determine the best options for your case, which we have found is typically taking a case to trial
- Building an airtight case against the allegations
- Representing you at trial
Trial is where Ninaz shines. She regularly wins her cases during the opening argument, convincing jurors of her clients’ innocence. We only take on a small number of cases, so Ninaz and the team can give your case the attention it deserves.
What You Can Expect With Rape Charges
Regardless of whether the victim is an adult or a minor, there is no more egregious sex crime in the eyes of the public than Rape/Forcible Rape, which is codified in California Penal Code section 261.
Rape is virtually always charged as a Strike Offense (California Penal Code section 667(a)&(b)) and California Penal Code section 1192.7 because it is classified as a “Violent Felony” under California’s “Three Strike Law.” So, if you’ve previously been convicted of a Strike offense, you can expect significant sentencing enhancements.
A Forcible Rape conviction will often be charged as a “Super Strike,” meaning possible life imprisonment upon conviction. California Penal Code § 667.5 (“Violent Felony” – Strike). And regardless of the specific type of Rape charge, a conviction will also result in lifetime registration as a sex offender (see below).
One exception to the preceding involves so-called “Statutory Rape,” i.e., Unlawful Consensual Sex with a Minor (California Penal Code section 261.5). While this involves “consensual” sexual intercourse, because the victim is a minor and is therefore incapable of legally consenting – even if you, too, were a minor at the time – then it’s commonly known as statutory Rape.
How the DA’s Special Directives Affect Your Case
When George Gascón became LA County’s new District Attorney, he immediately issued several “Special Directives” – i.e., mandates to the county’s frontline prosecutors.
Prosecutors were prohibited from seeking sentencing enhancements, including Strikes, on any future cases absent “extraordinary circumstances” (which would have to be approved by a special committee set up for just this purpose).
Unfortunately, because of the intense blowback from these same Deputy DAs, Mr. Gascón issued an Amendment to SD 20-08, which explicitly stated that an exception to it would be made for such heinous crimes as Forcible Rape.
In other words, if you’re being charged with Forcible Rape – and perhaps even for “non-forcible” Rape – then you can still expect to be charged with the Strike enhancement.
How California Law Defines Sex Crimes Offenses
Rape/Forcible Rape
The strict definition, per California Penal Code section 261, of this Rape/Forcible Rape is sexual intercourse without legal consent and with someone who is not your spouse.
You can be charged with Rape if you:
- Had sexual intercourse with someone you knew or should have known was disabled (and therefore incapable of consent.
- Knew, or reasonably should have known, that the victim was too intoxicated or drugged to give legal consent or if they were asleep or unconscious at the time.
- Used fraud or deceit to commit the act (e.g., you pretended to be the victim’s spouse)
- Used reasonably believable threats of retaliation in the future against the victim.
The “forcible” aspect comes into play when you (allegedly) used force or threats of imminent violence.
Rape/Forcible Rape in Concert
Rape/Forcible Rape in Concert is commonly referred to as “gang rape,” which entails you and at least one other person engaging in sexual intercourse with the victim under any of the above-described conditions.
California Penal Code section 264.1
Spousal/Marital Rape
According to this statute, you can be charged with Spousal Rape if you have sexual intercourse with your spouse if you did so by using force, threats (including those of future retaliation), alcohol or drugs, or when they were unconscious or asleep.
California Penal Code section 262(a)(2)
Unlawful Consensual Sex with a Minor (“Statutory Rape”)
Statutory rape involves intercourse with a minor who is not your spouse.
Unlike any other rape charge, if you were not more than three years older than the victim at the time, you will only be charged with a misdemeanor.
California Penal Code section 261.5
Penalties for Rape and Forcible Rape
Rape/Forcible Rape
A conviction for Rape or Forcible Rape will get you low, mid, or high prison terms of three, six, or eight years, excluding any enhancements.
If the victim was:
- 13 years or younger, the imprisonment would be nine, 11, or 13 years
- 14 through 17 years old, then the imprisonment is seven, nine, or 11 years
Rape/Forcible Rape in Concert
If the victim is an adult, the imprisonment for this felony conviction would be five, seven, or nine years, excluding any enhancements.
If the victim is:
- 13 years old or younger, the imprisonment is 10, 12, or 14 years
- 14 through 17 years old, the imprisonment is seven, nine, or 11 years
Spousal/Marital Rape
A conviction for spousal Rape will result in prison terms of three, six, or eight years.
Unlawful Consensual Sex with a Minor (“Statutory Rape”)
If you were at least three years older than the victim at the time, then the prosecutor has the discretion to charge you with either a felony or a misdemeanor – something that’s known as a “Wobbler.”
If you’re charged and convicted of a felony under these circumstances, you’ll be sentenced under California Penal Code section 1170(h)(1), which provides a range of 16, 24, or 36 months in the county jail.
Our criminal defense attorney can explain what penalties you could expect.
Registration Requirements After a Rape Conviction
California’s Sex Offender Registration statute, California Penal Code section 290, classifies most Rape convictions involving a victim who was an adult at the time of the incident as a “Tier Two” registerable offense, which means that you’ll have to register all of your personal information with your local police or sheriff’s department every year (within five days of the address change) for the next two decades.
Failure to do so will result in a separate felony charge, per California Penal Code section 290.018.
This means that during those twenty years, anyone – including prospective employers or neighbors – can instantly look you up on the state’s Megan’s Law website.
However, if you’re convicted of Forcible Rape or Spousal/Marital Rape with Force or Threats, you’ll have to register as a Tier Three offender, which means a lifetime on the sex offender registry.
Defenses to Rape and Forcible Rape Charges
Defenses to Rape and forcible rape charges may include:
- Genital penetration did not occur. (e.g., you were too drunk to do so);
- The victim consented and didn’t change their mind at any time during the act;
- You didn’t use force, violence, threats, or reasonably believable threats of future retaliation to commit the act, either against the victim or against a third party, such as their relative (mitigation – i.e., you’ll almost certainly be charged with a lesser crime);
- You did not willfully participate in the act (e.g., the main perpetrator threatened to stab you with a knife if you didn’t participate in the act);
- You did have intercourse with the alleged victim while they were intoxicated or high on drugs, but they were voluntarily intoxicated and not so intoxicated that they were incapable of consenting or resisting;
- Alternatively, you didn’t know – nor should you have reasonably known – that they were so intoxicated or high that they were incapable of giving legal consent or resisting;
- The alleged victim was not actually unconscious, asleep, or suffering from a mental disorder or physical disability at the time of intercourse;
- They were suffering from a disorder or disability at the time, but not to the extent where they were incapable of giving legal consent;
- At no time did you pretend to be the alleged victim’s spouse — or otherwise use fraud or deceit – to convince them to have intercourse with you.
Our sex crimes lawyer will determine the best defense for your case.
A Sampling of Sex Crimes Cases — Rape/Forcible Rape — Handled by the Ninaz Saffari
“She not only makes you feel comfortable, but she is very competent and experienced in pretty much any kind of situation and scenario. I feel very lucky to know her.” – Addy
Ninaz and the Saffari Law Group have an impressive track record for Rape and forcible rape cases.
The So-called “South Bay Rapist” Is Proven Innocent
The People v. Corey Stewart: Corey Stewart had wasted away in the Men’s Central Jail in downtown LA for almost fifteen months awaiting trial on two life-sentence charges of Forcible Rape.
The local media outlets splashed his photo on their front pages and labeled him as the “South Bay Rapist” —a serial predator who traveled around in a specially-equipped SUV to rape unsuspecting women at gunpoint.
Accusations Are Proven False
But that was before he hired Ninaz Saffari to defend him. After their first meeting, she believed his claims of absolute innocence and embarked on an intensive investigation into the allegations. She was first able to prove that his second accuser had mistakenly identified him as the perpetrator who had raped her when she was a minor. (She had done so after seeing Corey splashed across the evening news.)
But that still left Ninaz to deal with his primary accuser – a young woman who met Corey online and then met him at a motel for an entirely consensual encounter. Afterward, Corey enraged her when he didn’t want to continue the relationship. As a result, she called police and falsely claimed that he abducted her, trapped in a specially constructed SUV that allowed him to lock her in, then forcibly raped her at gunpoint.
Her story was so elaborate that sex crimes detectives – and the assigned Deputy DA – immediately believed her. But Ninaz never did – and neither did Corey’s beloved parents, family members, and friends, who had known him as a gentle, loving person who had never been in trouble.
A Proven History of False Allegations
First, Ninaz proved that the woman was a pathological liar who conned lonely men out of money through online personal ads. But she saved the best for trial – on the first day of jury trial, she announced that she would be presenting no less than six expert witnesses to prove the accuser had been lying the entire time.
The main piece of exculpatory evidence concerned GPS location records that proved the accuser was nowhere near the scene of the supposed crime at the time of the alleged incident. On the contrary, it proved she had been at the motel where the tryst occurred. The prosecutor halted the proceedings to re-interview the accuser with help from the sex crimes detectives.
When confronted, the accuser provided an entirely different set of lies. Immediately realizing they had been duped, the authorities immediately dismissed all charges against Corey. He went home a free man that day and remains in contact with Ninaz to this day.
Client Is Proven Innocent of Forcible Rape and Other False Charges – Felonies Dismissed
People v. J.C.: “Joel,” a young adult, and five of his closest friends (three young adults and two juveniles) were prosecuted for the following felonies:
- “Gang Rape”
- Aggravated Kidnapping – Robbery, Rape, Other Sex Offenses
- Oral Copulation by Force or Fear
- Oral Copulation in Concert
- Forcible Sexual Penetration with a Foreign Object
He and the other three young men were facing multiple life sentences. The charges stemmed from entirely false accusations made by their accuser. In this case, she was a sixteen-year-old girl who had run away from home to “party” with them all weekend.
To cover her tracks with her parents, she fabricated claims that she had been kidnapped and gang-raped. But then Joel hired Ninaz. As always, she immediately embarked on an intensive, turn-over-every-rock investigation with the help of her favorite P.I.
The first thing Ninaz learned was that the accuser had made similar false claims in the past, resulting in one of her former partners being convicted of a felony and sent to jail. She also discovered that someone close to one of the co-defendants had video of the incidents that occurred.
Ninaz waited until the preliminary hearing to drop her bombshell: the video proved that the accuser had lied about virtually every single criminal allegation – not just about Joel, but about all five co-defendants.
The Deputy DA dropped all felony charges against Joel and the other five defendants. Everyone went home to their families the next day.
Following Two Jury Trials for Forcible Rape, Client Gets Misdemeanor Plea with Zero Jail Time
People v. R.T.: “Robert” was facing almost five decades in a state penitentiary after being prosecuted for two counts of Forcible Rape.
This was a particularly challenging case for Ninaz because Robert had made numerous incriminating statements to sex crimes detectives during interrogation. Based on that alleged “confession,” the DA’s Office thought there was no way they could lose. However, Robert insisted he was innocent (which he was), and insisted from day one that he would never plead to anything.
Ninaz, of course, was only too happy to take the case to trial, which she did – twice. The first ended in a split hung jury after she convinced half the jurors that the accuser had been lying about her allegations. Ninaz did this by pointing out every discrepancy and contradiction in the accuser’s statements to the police and Deputy DA.
Notably, during the second trial, the accuser also contradicted what she had testified to in the first trial, which Ninaz was able to exploit to great effect. This time, the prosecutor didn’t want to wait for the jury’s verdict and offered a plea that Robert couldn’t resist – a single misdemeanor with no jail time. He went home that same day.
Protect Your Future, Call Our Los Angeles Rape Defense Lawyer Today
A rape conviction could lead to a decade or more of prison time. You could lose your family, friends, and kids. You could end up with a permanent criminal record and decades on the sex offender registry. Don’t let this happen to you. Call us today to defend your freedom: (213) 460-4922.