![]() ![]() Mindy arrives late for work one day, and Mike says he will have to fire her unless she has sex with him. This is a direct or implied threat used to force someone into doing an act they otherwise wouldn’t have done.Įxample: Mike is Mindy’s boss. ![]() Even though he did not use any violence or physical force, the act of drawing his weapon might be enough to be considered a reasonable threat. The same would be true if the defendant made a “threat, declaration or act” that demonstrated an intention to inflict an injury on another person.Įxample: Mike corners Mindy in a parking garage and draws a gun. If someone used violence to compel another person into sexual intercourse, that would likely be considered rape under California law. Prosecutors might look for evidence of some of the examples above: Proving that the act occurred against the victim’s will or without their consent is much more complex, and it’s very reliant on physical evidence and the facts of the case. Types of Evidence in a Rape Caseįor the purposes of proving rape in a courtroom, evidence of any penetration - no matter how slight - is enough to prove that sexual intercourse occurred. We just said a lot in those two bullets, so let’s unpack what this actually means with a few examples in the next few sections. In order to prove this, a prosecutor will need to show that the victim was unable to give consent due to a mental or physical disorder or disability, too intoxicated to consent or not conscious enough to understand the nature of the act. We’ll talk more about what this means in a moment. In order to prove this, a prosecutor will need to show that the defendant engaged in violence, physical force, threats, coercion, fraud or that the defendant invoked a fear in the victim of retaliation or physical harm against themselves or another person. The legal definition of rape in California law is sexual intercourse with another person, in which one of these two conditions is met: Defenses Against Rape Charges in California.Penalties for Rape Charges in California.How Does California Law Define Consent?. ![]()
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