Riverside Rape Lawyer

Strategic Defense Against Rape Allegations

When someone is accused of rape, the stakes are immediate and severe. Careers, families, reputations, and freedom can disappear in a single arrest. My role as a Riverside rape lawyer at the Law Office of Gregory H. Comings is to step in early, take control of the defense, and protect my client from the full force of the system.

I do not pass cases to junior associates or handle matters remotely. Every defense I develop against charges of a sex crime is personal, deliberate, and built with the expectation that prosecutors will push hard. Many cases are charged or reclassified as sexual assault offenses based on how statements or conduct are interpreted. I prepare from day one as if the case will go to trial.

What You Should Know About Rape Allegations in California

Rape is defined under California Penal Code §261 as non-consensual sexual intercourse accomplished through force, fear, intoxication, unconsciousness, fraud, or lack of legal capacity. Many prosecutions rely on how statements, timelines, or behavior are interpreted rather than on physical or forensic proof.

Consent is the central issue in most rape prosecutions. California law does not require physical resistance to prove lack of consent. Prosecutors may rely on statements, circumstantial evidence, or post-incident behavior to support their case.

Key legal points that affect rape cases include:

• Consent must be ongoing, meaning it can be withdrawn at any time during an encounter.
• Intoxication can remove legal consent, even if alcohol or drugs were voluntarily consumed.
• Prior relationships do not equal consent, including dating, marriage, or past sexual history.
• Delayed reporting is allowed, which can complicate evidence review and timelines.
• Corroboration is not required, meaning charges can proceed based on a single accusation.

These rules give prosecutors wide discretion. They also create areas where assumptions replace proof, which is where defense work becomes critical.

Types of Rape Charges I Defend in Riverside

As a Riverside rape lawyer, I represent individuals facing various charges under the California Penal Code.

These include:

• Forcible rape involving the use of physical force or threats under Penal Code 261;
• Spousal rape involving a legal partner or spouse;
• Statutory rape where the alleged victim is under the age of 18;
• Rape of an unconscious person or someone unable to provide legal consent;
• Allegations involving the use of drugs or alcohol to accomplish the act;
• Charges involving fraud or trickery to obtain sexual intercourse;
• Misdemeanor sexual battery under Penal Code 243.4, which involves touching an intimate part without consent.

Rape accusations often move fast and hit hard. Law enforcement may assume guilt before hearing your side. Investigators may frame interviews to confirm a narrative rather than test it.

Why Some Rape Accusations Do Not Match the Facts

Not every rape allegation stems from criminal conduct. Cases may arise from regret, relationship conflict, custody disputes, or domestic violence allegations tied to ongoing family or partner issues. In other situations, alcohol or memory gaps lead to conflicting versions of the same event.

California law allows charges to proceed even when evidence is limited. This shifts the burden onto the defense to examine credibility, challenge inconsistencies, and confront unsupported assumptions.

Actions to Take and Mistakes to Avoid When Accused

The first hours after an accusation often shape the direction of the case. Clear decisions during this period can protect your position, while small mistakes can create lasting problems.

Steps that protect your case include:

• Remain silent immediately and do not answer questions without legal counsel present.
• Avoid discussing the situation with friends, family, or coworkers.
• Decline police interviews or written statements until a lawyer is involved.
• Cut off all contact with the accuser, including texts, calls, and social media.
• Reach out to a Riverside rape lawyer as soon as you learn of an investigation.

Do not try to explain your way out of the situation to the police. Law enforcement interviews are designed to confirm investigative theories, not to test alternate explanations, and they will use your words to build a case. Even a seemingly innocent statement can be twisted to fit their narrative.

Penalties for Rape in California

Rape charges under California Penal Code 261 carry severe penalties that affect nearly every part of a person’s life. The impact extends well beyond jail or prison time.

A conviction may result in:

• State prison terms of three, six, or eight years for most felony cases;
• Mandatory lifetime registration as a sex offender under Penal Code 290;
• Financial penalties of up to $10,000;
• A permanent felony record that restricts housing and employment options;
• Loss of firearm ownership rights;
• Longer sentences when minors or serious injuries are involved.

Because rape is considered a "strike" offense under California’s Three Strikes Law, a conviction can also lead to doubled sentences for any future felony charges.

How I Defend Rape Cases from Start to Finish

Rape cases often turn on how events are described rather than what can be independently verified. From the moment an allegation is made, investigators begin shaping the case around assumptions about consent, credibility, and intent. My role is to test those assumptions before they harden into fixed conclusions.

Each case requires a close review of how the allegation developed and how it was handled:

• The initial report matters: I look closely at how the complaint was first documented, which details were recorded, and whether later statements introduced new or conflicting claims.
• Consent does not exist in isolation: Context, communication, prior interactions, and surrounding circumstances all factor into whether consent was present or withdrawn, and I analyze how those factors were addressed or ignored.
• Forensic findings have limits: Medical examinations may establish contact or timing, but they do not resolve questions of consent. I focus on separating what the evidence shows from what the prosecution claims it proves.
• Credibility must be tested, not assumed: I compare statements against timelines, digital records, and witness accounts to identify inconsistencies or unsupported conclusions.
• Interview methods influence outcomes: The way questions are asked, framed, or repeated can shape responses. I review law enforcement interviews to determine whether the narrative was guided rather than discovered.

From start to finish, my defense work centers on evidence, sequence, and proof. When allegations exceed what the facts support, that gap becomes the focus of the defense.