Rape of an Intoxicated Woman in California, PC 261(a)(3)
Rape of an Intoxicated Woman is defined in California Penal Code 261(a)(3) as any act of sexual intercourse that is accomplished under a certain set of circumstances.
California Penal Code Section 261(a)(3) explains that rape occurs when a person is unable to resist sexual intercourse because of intoxication or an anesthetizing substance, and the defendant knew or should have known of this condition.
This means that a drunk or high person who cannot say “no” or consent is considered raped if the other person knew—or should have reasonably known—that the first person was intoxicated.
Rape of an Intoxicated Woman is a felony in California, and the penalties can include 3, 6, or 8 years in prison. The perpetrator must also register as a sex offender.
California courts interpret “prevented from resisting” to mean the victim lacked the capacity to give legal consent due to unsound judgment from intoxication. The jury may evaluate various factors such as:
- How much alcohol was consumed
- Victim’s age
- Victim’s maturity
- Victim’s level of intoxication
What the State Has to Prove
The prosecutor must prove the following beyond a reasonable doubt:
- Sexual intercourse occurred;
- It involved someone other than the perpetrator’s spouse;
- The victim was intoxicated by alcohol, drugs, or other substances;
- The intoxication prevented the victim from resisting; and
- The perpetrator knew or should have known the victim was too intoxicated to consent.
The critical issue in many cases is the level of intoxication, the defendant’s knowledge, and whether the sex act occurred.
Attorneys typically won’t have to prove intercourse occurred or that the individuals weren’t married—the main issue is consent.
Potential Defenses for Penal Code 261(a)(3) PC
In criminal law, the prosecution must prove every element beyond a reasonable doubt. If even one element lacks evidence, the defendant must be acquitted.
Hiring a skilled defense attorney is crucial. Convictions can bring harsh sentences and a lifetime sex offender registration, even after prison time ends.
Your attorney may argue that:
- No sexual intercourse occurred;
- The victim was not intoxicated or only mildly impaired;
- The victim was fully in control of decisions;
- There was no way for the defendant to know the victim was intoxicated.
Without evidence of intercourse or intoxication, or without the defendant’s knowledge, there can be no rape conviction under this code.
Consent
Consent in California is affirmative. Lack of resistance does not equal consent. Both parties must actively agree to engage in sex.
The legal age for consent is 18 in California, but both individuals must also be of sound mind when giving consent.
If one party is impaired or incapacitated, consent is not legally valid.
Contact Us for a Free Consultation
If you or a loved one is charged under Penal Code 261(a)(3) in Los Angeles, contact us immediately for a free case review.
