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Fresno Rape of Spouse | Fresno, Criminal Defense, Attorney

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If you are charged with PC 262 Rape of Spouse in Fresno County, Kings County, Madera County, or Tulare County, you may want to read the following.  There are several questions you may want answered.  Some of the common questions are, "Should I hire and attorney? Will I go to prison if I'me convicted of Rape of Spouse?   Will I have to register as a sex offender?"

These are common questions that anyone who is accused of such an offense would want answered.  Rape of a Spouse is a serious accusation, that carries a maximum sentence of 8 years in State Prison if a conviction occurs.  However, probation is an option even if you are convicted.  With probation, the maximum sentence is 1 year in jail.  Many other terms of probation may apply.

You may want to schedule a Consultation with Fresno Lawyer Jonathan Rooker to help you determine the best route to take.  The text of the statute, PC 262 is typed below.  Please read the statute, and note an questions you might have for Attorney Rooker when you arrive for your Free Consultation. The sentencing triad for a convcition of PC 262 is Three, Six, or Eight years in State Prison.

PC 262 Rape of Spouse

PC 262(a) Rape of Person who is the spouse of the perpetrator is an act of sexual intercourse accomplished under any of the following circumstances:

PC 262(a)(1) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

PC 262(a)(2) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused.

PC 262(a)(3) Where a person is at the time unconscious of the nature of the act, and this is known to the accused.  As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following condition:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.

PC 262(a)(4) Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there  is a reasonable possibility that the perpetrator will execute the threat.  As used in this paragraph, "threatening to retaliate" means a threat to kidnap or falsely imprison, or to inflict extreme pain serious bodily injury or death

PC 262(a)(5) Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.  As used in this paragraph, "public official" means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another.  The perpetrator does not actually have to be a public official.

PC 262(b) Section 800 shall apply to this section.  However, no prosecution shall be commenced under this section unless the violation was reported to medical personnel, a member of the clergy, an attorney, a shelter representative, a counselor, a judicial officer, a rape crisis agency, a prosecuting agency, a law enforcement officer, or a firefighter within one year after the date of the violation.  This reporting requirement shall not apply if the victim's allegation of the offense is corroborated by independent evidence that would otherwise be admissible during trial.

PC 262 (c) As used in this section, "duress" means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonably person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted.  The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in apprising the existence of duress.

PC 262(d) As used in this section, "menace" means any threat, declaration, or act that shows an intention to inflict an injury upon another.

PC 262(e) if probation is granted upon conviction of a violation of this section, the conditions of probation may include, in lieu of a fine, one or both of the following requirement:

(1) That the defendant make payments to a battered women's shelter, up to a maximum of one thousand dollars ($1,000).

(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.

For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of he defendant's offense

For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge. the liability of the offending spouse for restitution to the injured spouse, required by Section 1202.04. , as operative on or before August 2, 1995, or Section 1202.4. or to a  shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.

(See PC 290 Sex Registration)

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