Recently, a suspected rapist was arrested in Canyon Country. The suspect, I. Phillips, was arrested in connection with an alleged rape that occurred in March of this year. It’s alleged that he used an intoxicant on his victim. He is currently being held at the Santa Clarita Sheriff Station in lieu of $300,000 bail.
Rape is covered under California Penal Code as using force, threats, or fraud in order to have non-consensual sex with someone else. Under Megan’s Law, a rape conviction requires the defendant to register as a sex offender for the rest of their life.
Some examples of what may bring a rape charge include having sex with someone who is unable to provide consent because:
- They’re under the effects of an intoxicant (alcohol, drugs)
- The intercourse is committed by use of force, violence, or duress
- The person is unconscious
- The person doesn’t know what is happening
- The person is unable to give consent due to a mental condition
In order to be found guilty of this crime, the victim must not consent to the intercourse. Consent is defined as a person acting freely, voluntarily, and know the nature of the act. It is possible for a person to initially consent to sexual intercourse, but then choose to withdraw that consent at any time during the act.
Some people are legally defined as being unable to give consent. These are people who have a mental disorder that makes them unable to consent, are too intoxicated, or are unconscious.
Rape is a felony in California. The potential penalties include up to 8 years in state prison and/or felony probation. If the victim suffered great bodily injury during the crime, the defendant can face up to an additional 3 years in prison. The penalty can also be increased if the victim is below the age of 18 (an increase of up to 11 years in prison), and if they are under 14 (an increase of up to 13 years in prison).
