Can a person be convicted for abetting a rape?
Full Question:
My friend and I live in California. Last week, my friend told me that he wants to take revenge from his ex-girlfriend. So, he asked his friend to intoxicate her, force himself on her, hurt her and have sex with her. Because I do not want her to suffer, I would like to file a complaint against him for abatement of rape. What will be the punishment given to him?
12/14/2016 |
Category: Criminal |
State: California |
#28073
Answer:
Per 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 circumstances:
(1) ***
(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.
***”
Per California Penal Code § 264.1:
(1) ***
(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.
***”
“(a) The provisions of Section 264 notwithstanding, in any case in which the defendant, voluntarily acting in concert with another person, by force or violence and against the will of the victim, committed an act described in Section 261, 262, or 289, either personally or by aiding and abetting the other person, that fact shall be charged in the indictment or information and if found to be true by the jury, upon a jury trial, or if found to be true by the court, upon a court trial, or if admitted by the defendant, the defendant shall suffer confinement in the state prison for five, seven, or nine years.
***”
Therefore, you may file a complaint against your friend for personally abetting to rape his ex- girlfriend. If this fact is found to be true by the court or by the jury or upon trial or if it is admitted by your friend, he shall be confined in the state prison for five, seven or nine years.***”
