What you must to know if you need a Bail Bond for Rape PC261 in California

The California Penal Code Section for the charge of Rape is PC 261

What is the bond amount for rape charges?

Generally the bond amount is $100,000.

Why should I post a bail bond if arrested for rape?

There are many reasons that you should post a bail bond immediately if arrested for rape charges. The very first reason is safety. Rape happens to be a charge that is judged in jail. The other reasons are;

Privacy is a big factor. Phone conversations are not private when in jail. All phone calls are recorded. This means you will have a tough time even discussing what happened with them while visiting or talking on phone

The time for meeting takes the attorney hours for the same one hour meeting. Instead of you making a one hour appointment at the office of the attorney they will be forced to schedule in at least a few hours for driving time, parking, waiting for sheriff to get the defendant, meeting, driving back to the office. This means you will either pay for or expect the attorney to work 3 times as many hours for every meeting. 

How you are viewed in court does matter. You heard of first impressions right? Well, you can walk into court in a suit and tie or an orange jump suit with handcuffs on. Which looks better? There is also something to be said for not having anyone who trusts you enough to bail you out of jail. 

When you are in jail the time is on the district attorney’s side. When you are bonded out of jail time is on your side. 

Continuing life and work while you fight your case is important for many reasons. Being able to say you have a job, car and home is important and taken into consideration. 

What does a bond cost for rape charge?

The Felony Bail Schedules are mostly the same listing the bond as $100,000. The premium for this bond generally is 8 or 10% meaning the bond would cost $8,000 or $10,000. I do have rebates that can make your bond as low as 6% which would be 25 – 40% savings.

Can you make payments for PC 261 bail bond?

Yes, payment plans are available. Generally a deposit of 25 – 50% down and monthly payments after. This would mean that it is possible to put $1000 — $2000 down and monthly payments approximately $500 per month.

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What is California Penal Code Section 261?

California’s law on rape defines rape as nonconsensual sexual intercourse accomplished by force, threat, or fraud with a person who is “not the spouse” of the perpetrator.

What is different between PC 261 and PC 262?

California Penal Code 262 rape of a spouse carries the same elements and penalties as non-spousal rape.

In California rape is one of the most serious felony offenses that a person can be charged with.

Here are the sections of Penal Code 261

California Penal Code 261.  (a) Rape is an act of sexual intercourse accomplished with a

person not the spouse of the perpetrator, under any of the following


   (1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing The act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 commencing with Section 5000 of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.

   (2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

   (3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

   (4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets any one of the following conditions:

   (A) Was unconscious or asleep.

   (B) Was not aware, knowing, perceiving, or cognizant that the act


   (C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.

   (D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

   (5) Where a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.

   (6) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.

   (7) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

   (b) As used in this section, “duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress.

   (c) As used in this section, “menace” means any threat, declaration, or act which shows an intention to inflict an injury upon another.

What elements must be proven beyond a reasonable doubt for PC 261?

The defendant had sexual intercourse with a woman (or man). They were not married at the time of the intercourse. The other party did not consent to the intercourse. The defendant accomplished the intercourse by using one or more of the following Force, Violence, Duress, Menace, Fear of immediate bodily injury (to the victim or someone else), Threat of future retaliation. Threatening to use the authority of a public office to incarcerate, arrest or deport someone. Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by a penis.

To consent a person must act freely and voluntarily and know the nature of the act. A person who initially consents to an act of intercourse may change his or her mind during the act. If the victim does so the act of intercourse then becomes nonconsensual if:

The victim communicated to the defendant that he or she objected to the act of intercourse and attempted to stop the act. The victim communicated the objection through words or acts that a reasonable person would have understood as showing a lack of consent AND the defendant forcibly continued the act of intercourse despite the objection. A person will be deemed unable to give consent if they are too intoxicated to give consent, if they are unable to consent due to a mental or physical incapacity that the defendant was aware of, and if he or she was asleep or unconscious.

Other similar or related offenses include:

Sexual Battery – California Penal Code Section 243.4 PC

Statutory Rape – California Penal Code Section 261.5 PC

Oral Copulation by Force – California Penal Code Section 288(a) PC

Forcible Penetration with a Foreign Objection – California Penal Code Section 289 PC

Sodomy – California Penal Code Section 286 P

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