Sex Crimes Lawyer San Diego

Being accused of a sex crime comes with an additional stigma that not many other criminal allegations have. Those accused of being involved in a sex crime are often presumed guilty until proven otherwise, which presents an increased challenge for the defendant.  If you are someone facing sex crime allegations, not only should you be worried about a lengthy prison term, but also about how you can regain your standing in the community and public opinion.

From Brian’s interview for the Masters of the Courtroom series on

Also See: San Diego Child Pornography Lawyer

Visit the San Diego Criminal Lawyer page to learn more about our Criminal Law Specialists.

Although it might seem like being accused of a sex crime is equivalent to being convicted, if you hire the right attorney to defend you, not only is it probable to be found innocent, but it is highly possible to restore your standing once a misunderstanding is cleared up. Since the history of the accusing witness can be called into question, it is the defense attorney’s responsibility to leave no stone unturned when researching the specifics of your case.  Investigating the history and past not just of the person who is making the accusation, but also of the testifying witnesses is one of the most integral components of putting on a winning defense.

From Brian’s interview for the Masters of the Courtroom series on


Rape occurs when someone forces intercourse or other sexual activities upon another person without their consent. Rape is usually achieved because of force, threat or fear. Other factors that can be involved in rape are confounding factors like mental stability, mental illness, inebriation or fraud, which can muddle the facts of any rape case.  In order for anyone to give consent for any kind of sexual activity, they have to freely volunteer to engage in sexual intercourse of their own will. That means that they have to be mentally sound and capable of giving consent.

If it is found that a person gave consent but didn’t do so legally because they were not mentally or physically able, then it also has to be proven that the defendant was aware that the person was not capable of legally giving consent. It has to be shown that the defendant did not believe that they had consent to engage in sexual intercourse.  To prove that consent was not given, the defendant must make a case that they were unaware that the alleged victim did not give consent or create a situation with implied consent.

Spousal rape and rape accomplished through threats or intimidation

To be accused of spousal rape, a defendant must have forcibly had sexual intercourse with their spouse. The intercourse must have been forced, coerced or initiated through the threat of violence or fear.  A person can consent to sexual intercourse, but if, while in the act, they change their mind and ask to stop and the perpetrator does not stop, then it is considered rape. It must be shown that any reasonable person, upon hearing the victim’s request, would have understood that they were withdrawing their consent. If the perpetrator continues to have sex with force, then that is considered rape. This circumstance can be considered for both male and female victims.

Physical force is anything that is overpowering enough to overcome someone else. It is also legally considered rape if a spouse uses duress, which can be just the threat of retaliation, violence, or danger if the other spouse does not have intercourse. If it can be proven that the person who is being accused of rape believed that there was consent, then they cannot be convicted.

Rape of someone who is intoxicated

To be accused of raping an intoxicated person without consent, it must be proven that the person on trial not only knew that the victim was intoxicated and that the level of intoxication would disallow the victim from being able to give legal consent to have intercourse. It must be shown that the intoxication made the alleged victim in the case incapable of resisting the sexual advances of the defendant.  Consent can only be given if the person is able to use reasonable judgment to give the consent. To give consent, a person must be able to understand the consequences of giving it and to weigh those consequences rationally. If a person is intoxicated, they do not have the legal wherewithal to consent to something. If the defendant can prove that they reasonably believed that the victim did give legal consent, then the defendant cannot be charged with rape.

Rape of a disabled woman

If someone has sexual intercourse with a disabled individual to whom they are not married to at the time of the intercourse and they are mentally, physically or developmentally disabled to a point where they are not consciously able to give consent, and the accused are aware of that person’s disability, this would also be considered rape.

Rape by fraud

To be accused of rape by fraud, an individual must have knowingly misrepresented themselves for the purpose of engaging in sexual intercourse. For rape by fraud to occur, the rapist and the victim cannot legally be married and it must be proven that the defendant either concealed evidence or presented artificial evidence to the alleged victim that convinced the victim they were married in order to gain consent.

Rape in concert

To be accused of rape in concert, the person who is being charged with rape must have forced themselves upon someone for the purpose of intercourse or helped someone else in the commission of the crime of forcible rape.  If you are being accused of a sexual crime, the consequences of being found guilty can be devastating and affect the rest of your life. Rape is a very serious crime that can result in being registered as a sex offender for life and even has the potential for a long prison term.