San Jose Sexual Assault & Rape Attorney

Sexual assault or rape allegations are serious and deserve an immediate response. You might be shocked when you first hear the allegations and spend hours trying to figure out what happened. You might even be tempted to reach out to the alleged victim to find out what they are thinking. You may be on the receiving end of a pretextual call by the alleged victim who has been prepared and is being used by a detective to call you and get incriminating statements from you about the incident.

Contact Knight Law instead. We understand how a single false accusation can derail your life, and we will fight for the truth to come out. We offer confidential case evaluations, so call us.

California Sexual Assault & Rape Laws

We can help anyone charged with one of the following sex crimes:

Section 261 PC – Rape. Non-consensual sexual intercourse is considered rape when committed with force, threats, or if the victim is incapacitated (such as drunk or asleep). Raping someone 18 or older can result in 3, 6 or 8 years in prison and other penalties.
Section 262 PC – Spousal Rape. There is no spousal immunity in rape cases, and you can face rape charges from nonconsensual sex with a spouse. You could end up in prison for up to 8 years.
Section 261.5 PC- Statutory Rape. In California, the age of consent is 18, so someone under this age cannot consent, even if you don’t use force or threats. Statutory rape charges depend on the age discrepancy between defendant and victim. If there is less than 3 years difference, then this is a misdemeanor crime with up to a year in jail. Where there is a greater age difference, the prosecutor can choose to charge as either a misdemeanor or felony.
Section 288 PC – Lewd Acts with a Minor. This is the child molestation statute. It covers any act which is performed on a child under 14 to arouse, appeal, or gratify someone’s sexual desires. The penalties will depend on the harm the child suffered and whether the defendant used threats, force, or fear.
Section 289 PC – Sexual Penetration. Non-consensual penetration of the mouth or anus with a foreign object is a crime in California. The penetration only needs to be slight. This is a felony, with penalties increasing if the victim is a minor under 18.

Can You Defend Against Sexual Assault or Rape Charges?

Yes. An accusation is just that—an accusation. Unfortunately, “guilt by accusation” is a real thing, and some people will automatically assume you are guilty. At Knight Law, our job is to review all evidence and find out the best method of fighting to protect your reputation and freedom.

One major defense to most sex crimes cases is consent (unless you are charged with a crime against a minor). Other defenses include mistaken identity, as well as a lack of proof that you committed any offense.

Schedule Your Free Consultation Today

Nana Knight is a former military prosecutor who specialized in sexual assault cases involving minors and adults. She brings a level of authority and experience to these cases that few attorneys can match. Do not give up hope. Call our office today to schedule a free consultation with a San Jose sexual assault and rape defense lawyer.