Legal Question in Criminal Law in California

I was raped in September of 2011. All I had we're bruises on my arms because he held me down and shoved his penis in my mouth. I have no evidence. He did however admit it was a misunderstanding if that counts for anything. I was wondering how much evidence you need to convict someone of rape. I live in CA and I know that is not in their legal definition of rape, so it would be sexual assault. But what evidence would it take to convict someone??

Asked on 12/26/12, 10:43 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

I'm so sorry about what you've been through. You may still be able to get the rapist prosecuted, though the odds are not great.

Forced oral copulation is a distinct crime under California law. By its nature, the crime seldom leaves much physical evidence and there are seldom witnesses other than the victim and the perpetrator. The victim's testimony can be enough to support a conviction, but whether it will in any given case will depend upon the facts. You should talk to the police and D.A.'s office where this occurred to see if they will take any action. The passage of 15 months will make them less likely to act, but they still might.

You also have the option of a civil lawsuit. That may not be a sensible course to pursue, especially if the man has limited assets. But it may be worth trying.

Please feel free to contact me directly if you want to discuss your situation further.

Good luck.

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Answered on 12/27/12, 12:29 pm

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