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If you or a loved one has been charged with a sex crime give us a call at 559 441-1418.  Sex crimes are a complex area of law and you need an experienced Attorney for your defense.  It is not enough to call the local DUI guy to represent you on this charge.

 sex crimes charges can be everything from Spousal Rape

Date Rape 

Statutory Rape 

Oral Copulation by force

The punishment penalties and stigma from any type of sex charge conviction can be harsh and severe. 

The punishment can include lifetime registration

Loss of firearm rights

Social stigma

and inability to live in certain areas of town.

you could also be sent to prison.

I will go over some of the law below on some of the offenses listed above. 


Penal Code section 261.5 defines “Rape” law

Rape occurs when an individual engages in sexual intercourse wiht another person and that sexual act is accomplished against that persons will or against that person consent. 

usually through force or fear

the sexual intercourse can also be accomplished through duress a direct or implied threat 


Duress is a direct or implied threat sufficient to 1. coerce a reasonable person to perform or act in a way that they would otherwise not have peformed in.  for example telling someone they will be arrested deported etc if they do not engage in a sex act.  


A threat or declaration or act that shows an intention to inflict injury upon another.  

dear of bodily harm to yourself or somoene else.  

the alleged victims fear must be actual and reasonable under the circumstances, or if unreasoanble the accused must know of the victims the accused must knowe the victims fear under the circumstances or if unreasonable the accuse dmust know the victims fear and take advantage of it. 

fear of retaliation a  threat to kidnap falsely imprison or inflict pain injury or death upon the alleged victim or another person.  


Fraudelently convincing the other person that the sexual act serves a professional purpose.  even though it does not.  Such as a therapist who convinces there client that having sex with them will help there sexual dysfunction issues. 

If someone has sex with someone else under these circumstances than yes they can be charged with a violation of Penal Code section 261. Under the Rape law.  


Rape is Felony and not a wobbler offense that can be charged as a misdemeanor or a Felony. 

You can get probation but only if the allegations does not include force or violence. 

3, 6 or eight years.  

 if there is a great bodily injury than an additional three to five years

If you have any other questions give us a call at 559 441-1418.  As an Attorney with more than 15 years of experience I know the ins and outs of the system, having worked as a  probation offcier, deputy district attorney, probation officer, and taught future police officers at Fresno City College I can help you with your criminal defense needs. 


Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704 View Map
Phone: 559.441.1418