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Rape in Concert (Gang Rape)
PC 264.1
Law, Punishment & Defense
Information on the crime of rape in concert, also known as gang rape, is found at California penal code section 264.1.
Rape in Concert Defined: To rape in concert means to act voluntarily with at least one other person to commit rape against a woman.
To commit rape in concert does not mean that the defendant necessarily had sexual intercourse with the victim, but rather, that at least one defendant had vaginal intercourse with the victim, and the other defendant(s) assisted (aided or abetted) in some manner.
Rape Defined: Rape is the nonconsensual sexual intercourse by a man against a woman.
Sexual Intercourse Defined: Per PC 264.1, Sexual intercourse means a man’s penis penetrated a woman's vagina (even a slight penetration qualifies as sexual intercourse in rape cases).
PC 264.1 Penalties
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PC 264.1(a) Rape in concert: (Felony) Maximum punishment is nine years in prison.
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PC 264.1(b)(1) Rape in concert of a minor under 14: (Felony) Maximum prison sentence is 14 years.
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PC 264.1(b)(2) Rape in concert of a minor 14 or older: (Felony) Maximum prison sentence is 11 years.
Probation Sentence: Probation sentences are not allowed in rape in concert cases.
No Suspended Prison Sentence: If found guilty of any PC 264.1 crime, the defendant must serve a state prison sentence (as opposed to a county jail sentence) and no part of that prison sentence may be split (served partially out of custody) or suspended (not served unless the defendant violates a condition of his out-of-custody release).
Sex Offender Registration: Rape in concert convictions carry a requirement to register as a sex offender pursuant to PC 290. For more information, see Sex Offender Registration Requirements.
Additional Punishment: In addition to any prison sentence, if convicted of the crime of rape in concert (gang rape), the defendant may face the following punishments: restitution to victims, fines, criminal protective orders, enhanced punishment for future criminal convictions, firearm ownership prohibition, civil lawsuits, loss of employment or immigration status, and more.
PC 264.1 Defenses
Common defenses to PC 264.1 crimes include: consent to sexual intercourse (does not apply to victims under the age of 18), reasonable belief that the alleged victim consented (mistake of fact) statute of limitations, coerced confessions, police investigation misconduct (illegal search and seizure of evidence, insanity, insufficient evidence of penetration or sexual intercourse, alibi, lack of credible science or credible witnesses, and more.
Note: Consent is never a defense in a PC 264.1 case where the defendant is incapable of granting consent (i.e., victim is a minor, disabled, involuntarily confined, unconscious, severely intoxicated).
If you or a loved one is charged with the crime of rape in concert (gang rape), or penal code 264.1, contact our sex crimes criminal defense lawyers today for a free and discreet consultation. Our dedicated and experienced criminal defense lawyers have helped hundreds of defendants charged with felony and misdemeanor sex crimes, and we can help you too. Call today!
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