However, a court does not have to give you a jail sentence at all, and can instead impose the fine, probation, or a combination of the two. Sexual intercourse Any penetration, no matter how slight, counts as "sexual intercourse" for purposes of rape. Legal Definition of "Rape" in California According to Penal Code PC, the legal definition of "rape" in California law is when an individual engages in sexual intercourse with another person In addition, a conviction for rape will entail: Unless a victim knows the person whom she claims raped her, it is possible for her to be mistaken in identifying her assailant. If you do so specifically to infect someone else with the disease, you commit a felony offense. These laws do not create specific crimes, but instead allow for additional penalties when a person commits a crime knowing he or she is infected with HIV. Does the defendant need to be convicted first? Ian is a New-Age therapist who treats sexual dysfunction issues. She also tries to push him away from her. But Rick may be able to defend himself by arguing that he actually and reasonably believed that Tracy had consented. Trevor works for the US immigration authorities. Many of these individuals have been freed from prison after being wrongly convicted of rape based on false accusations and shoddy police work. Karen invites Paul back to her apartment, and the two begin to have sex. They can pursue any or all of these remedies although if they receive more than one the amounts will usually be offset against the others. The registration requirement is a duty that lasts for an entire lifetime. C Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.