Full question:
My friend and I live in California. Last week, my friend told me that he wants to take revenge from his ex-girlfriend. So, he asked his friend to intoxicate her, force himself on her, hurt her and have sex with her. Because I do not want her to suffer, I would like to file a complaint against him for abatement of rape. What will be the punishment given to him?
- Category: Criminal
- Date:
- State: California
Answer:
In California, rape is defined as nonconsensual sexual intercourse achieved through force, threats, or when the victim cannot consent due to intoxication or other incapacitation. California Penal Code § 261 states that rape occurs when sexual intercourse is accomplished against a person’s will by means of force, violence, or fear, or when a person is prevented from resisting due to intoxicating substances known to the perpetrator.
Additionally, California Penal Code § 264.1 specifies that if someone acts in concert with another to commit rape, they can face serious consequences. If found guilty, the perpetrator may be sentenced to five, seven, or nine years in state prison.
Therefore, you can file a complaint against your friend for conspiring to commit rape. If the court or jury finds the facts true, or if your friend admits to them, he could face significant prison time.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.