San Mateo Criminal Defense Lawyers
Your big night at the concert was going great. You really thought that your date wanted to go back with you to your place. But, you were wrong. Now, following a car ride back to your apartment you now find yourself accused of kidnapping.
In California, to be guilty of kidnapping for rape under Penal Code Section 209(b) the prosecutor must prove beyond a reasonable doubt that:
- The defendant intended to commit rape [or] spousal rape/ [or] oral copulation/ [or] sodomy/ [or] sexual penetration;
- Acting with that intent, the defendant took, held, or detained another person by using force or by instilling a reasonable fear;
- Using that force or fear, the defendant moved the other person [or made the other person move] a substantial distance;
- The other person was moved or made to move a distance beyond that merely incidental to the commission of a (rape/ [or] spousal rape/ [or] oral copulation/ [or] sodomy/ [or] sexual penetration;
- When that movement began, the defendant already intended to commit (rape/ [or] spousal rape/ [or] oral copulation/ [or] sodomy/ [or] sexual penetration); AND
- The other person did not consent to the movement
Substantial distance means more than a slight or trivial distance. In deciding whether the distance was substantial, you must consider all the circumstances relating to the movement. Thus, in addition to considering the actual distance moved, you may also consider other factors such as whether the movement increased the risk of physical or psychological harm, increased the danger of a foreseeable escape attempt, gave the attacker a greater opportunity to commit additional crimes, or decreased the likelihood of detection.
Sentence for Kidnapping for Rape
If convicted of Kidnapping for rape under Penal Code section 209, a defendant can be sentenced to imprisonment in the state prison for life with the possibility of parole.
Defending Yourself against Kidnapping Charges
If you have been charged with kidnapping, there are defenses available to you which a criminal defense attorney can argue on your behalf. These include:
Good Faith Belief in Consent
The defendant is not guilty of kidnapping if (he/she) reasonably and actually believed that the other person consented to the movement.
The defendant is not guilty of kidnapping if the other person consented to go with the defendant. The other person consented if (he/she) (1) freely and voluntarily agreed to go with or be moved by the defendant, (2) was aware of the movement, and (3) had sufficient maturity and understanding to choose to go with the defendant.
Additionally, it can be shown that whereas the defendant did not take, hold, detain the other person by using force or instilling fear, they cannot be guilty of kidnapping.
Finding the Right Criminal Defense Attorney
Contact the San Mateo County criminal attorneys at Ahmed & Sukaram, Attorneys at Law immediately because your freedom depends on it. We will schedule a confidential a private consultation at our Redwood City to discuss your case and its possible defenses.