There are several different ways that rape charges can be filed. The most obvious is when the District Attorney believes that a person has had sexual intercourse with another against their will (Penal Code Section 261). This is a felony, punishable by up to numerous years in state prison if convicted.

It is also illegal to have sexual intercourse with a minor, under the age of 18 years old. The District Attorney will file charges for "unlawful sexual intercourse" if it believes that this has occurred (Penal Code Section 261.5). Punishment usually depends on several factors, such as the difference in ages between the two parties, their relationship with one another, why the case got reported to the authorities, etc. This crime can be a misdemeanor or felony, meaning the maximum sentence ranges from one year in county jail, all the way up to several years in state prison.

Being charged with one of these "sex" crimes is obviously traumatic. Not only will the accused possibly be facing custody time, he may also be facing registration as a sex offender for the rest of his life. This is nothing to take lightly, and a skilled advocate fighting for to protect your rights is imperative.

Contact Kevin A. Hogle, Esq., to discuss your particular case. Kevin Hogle has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.