Rape / Sexual Assault
RAPE / SEXUAL ASSAULT Rape is generally defined as an act of sexual intercourse, accomplished against a person’s will by means of force, violence or fear. Rape is also defined in many other circumstances such as where a person is prevented from resisting by any intoxicating or anesthetic substance, or where a person is at the time unconscious or asleep and unaware of the act.
The Penal Code lists numerous situations where rape and sexual assault charges may be brought. Rape by foreign object. Rape in concert with others. Sexual intercourse with a person under 18 years of age. Sexual assault of a child under 14 years of age. Lewd conduct. Indecent exposure. Stalking.
The punishment for a rape or sexual assault conviction can be very severe. In certain situations, convicted sexual offenders now face 25 years to life in prison, the same sentence as first degree murder. Lifetime registration as a sexual offender is also mandatory in most cases.
Sal Ciulla has over 35 years experience in handling serious criminal cases such as rape and sexual assault. These cases can be very complex, dealing with issues involving DNA, medical and psychological expert testimony, and sentencing issues. Don’t go to court unprepared. In the courtroom, there is no substitute for experience.
Recent Victory
People v. Marlon A. Defendant arrested and charged with attempted rape involving a female neighbor. A nine year offer from the prosecutor was rejected. Jury trial cross examination of the alleged victim revealed major inconsistencies with earlier statements she had given. Jury verdict: Not guilty.
