Domestic Violence and Rape

At the Law Office of David Schwarz we are experienced domestic violence lawyers who have defended many clients accused of rape. Please contact our office at 949 735 9266 or via the web. We can also be reached via email at

A Domestic violence attorney can defend you against charges of Rape which is the act of sexual intercourse and is perpetrated by many different ways.

In an Orange County family law court or criminal court if a person cannot give legal consent, due to a mental limitation and this is known or reasonably should be known to the person committing the act, a rape occurs.

A Domestic violence attorney will strongly argue against any accusation that the defendant or party used force or violence to have sexual intercourse with the person. This is the most common means by which rape is committed. A strong criminal defense lawyer will be able to assure you that the allegations of rape cannot be proved.

Also the use of drugs to inhibit resistance by the perpetrator when the sexual intercourse occurs can be considered rape and an act of domestic violence.

At the Law Office of David P Schwarz we have will defend against charges that at the time of the sexual intercourse the party was unconscious and unable to resist. Often the alleged victim was raped while sleeping or were led to believe it was done for professional reasons.

An Orange County Lawyer will defend you against charges where the allegations are that the defendant threatened the victim with future actions that could lead to violence or retaliation

Finally a Rape can occur when a public official uses his or her office to coerce a person into the act.

Domestic violence occurs with the act of Rape as it is a violent act that places the person in fear for their safety.

When a victim asserts that they were under Duress when the act was committed there must be an objective standard used by the Court so that the allegations of Rape are given credibility. Thus to claim that a person was under duress they must have been under a reasonable belief that if the Rape was not performed they would have been harmed. A totality of Circumstances method is used to determine what is reasonable. Age and the relationship to the alleged aggressor are factors to consider in determining reasonableness.

At the Law Office of David P Schwarz we are highly experienced and meticulous lawyers who have defended many Rape accusations in the Orange County criminal and family law Courty System. Please contact our office for a consultation at 949 735 9266 or via the web. We can also be contacted via email

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