NO MORE DATE RAPE!

Posted on: February 25, 2015 by in Criminal Defense, Sex Crimes
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California Penal Code 261

Orange County criminal defense lawyerGovernor Jerry Brown signed the “Yes Means Yes” bill into law last September. It’s the law that requires college students in California to give “affirmative, conscious, and voluntary agreement” to any sexual activity. Silence or a lack of resistance does not imply or constitute consent according to the new law, and a drugged, drunk, or unconscious person cannot give consent. If you’re charged with rape under the new provision or with any other sex crime, you’re in very serious circumstances, and you will need serious legal help at once. Contact an experienced Orange County criminal defense lawyer as quickly as possible.

“Yes Means Yes” gives sex crime victims additional legal tools and protections, but some believe that false accusations will increase and that many may be wrongly accused. When lawmakers were considering the bill, critics said it may send universities into murky legal waters. Under criminal law, rape and sexual assault occur when one person forces another into sex despite the denial of consent, a standard commonly referred to as “no means no.” The new California standard, “yes means yes,” means that a sex act can only be presumed consensual if both partners have unambiguously consented. Even if no objections are raised, unless explicit consent is obtained, a sexual encounter may be legally considered rape. The standard is not new in California; state universities have operated under these rules for several years. Now, however, the same standard will be applied to every public and private campus that receives state funding.

What hasn’t changed are your basic rights. If you’re charged with any sex crime in California, the state still must prove your guilt beyond a reasonable doubt. Let an experienced criminal defense attorney represent you. If you are charged with violating the “Yes Means Yes” law or with any other sex crime in Orange County, contact an experienced Orange County criminal defense lawyer as quickly as possible.