(559) 691-6222
mark@fresnocriminallawyer.com
2300 Tulare Street, Suite 215 Fresno, CA 93721

Rape

Have you been legally accused of committing rape? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

Get Legal Help Today.
Phone: 559-691-6222

Your Defense Attorney for Rape Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Sex Crimes, Rape, Kidnapping, Prostitution/Solicitation, and Juvenile Crimes to name a few.

10.0Mark A. Broughton
Mark A. BroughtonReviewsout of 23 reviews

What is Rape?

Rape is defined as nonconsensual sexual intercourse by force, threat, or fraud or with a victim who is passed out, unconscious, or not capable of giving consent. In order to be guilty of rape the following elements have to be proved by the prosecutor:

  • You engaged in sexual intercourse with another person
  • You were not married to that person
  • The other person did not consent to the intercourse
  • You engaged in the intercourse by means of physical force, violence, duress, menace, fear of bodily harm, fear of retaliation, or fraud
  • The other person was too intoxicated to give legal consent

What Constitutes Consent?

Consent is the doubtless cooperation during an act that is willingly participated in. If someone consents to sexual intercourse they do so voluntarily with the knowledge of what sexual intercourse entails. A recently enacted law says that if someone is too intoxicated they may not be able to give legal consent.

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(559) 691-6222

Have Questions? Don’t go it alone. Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.

Penalties for Rape

Rape is a felony and the penalties include incarceration time.
In some rape cases, it’s possible to get felony probation and up to a 1 year in a county jail instead of the California state prison sentence where the judge finds unusual circumstances. A conviction for rape could require lifetime registration as a sex offender.

Legal Defenses for Rape

It’s easy to be falsely accused of rape because it usually comes much later than the alleged rape occurred. But this makes it very hard to prove that rape actually happened.

If there was consent to the sexual intercourse, then there was no rape. If the alleged victim changed his or her mind later but didn’t make that clear, then there would be no way for the defendant to know that they no longer consented. If someone doesn’t consent, then it has to be made clear.

If the person who was raped doesn’t get medical attention right away then there’s no physical evidence to support there was a rape.

Unless the rape victim knows who raped her or him, then it makes it difficult to know who actually did it.

About Mark Broughton:

Compassionate, highly experienced, exceptional reputation, ethical and honest:

Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.

He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.

Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.

Other Qualifications:
  • Certified Specialist Criminal Law, State Bar of California
  • Board of Trustees, State Bar of California
  • Chairman, Fresno County Bar Association, Criminal Law Section

Mark Broughton enjoys close relationships with his clients.  He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.

Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.

Practice Areas

  • Federal Crime 40%
  • White Collar Crime 20%
  • Violent Crime 20%
  • Criminal Defense 10%
  • Sex Crimes 10%

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