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San Jose, CA sexual assault defense attorneysIn criminal court cases, the state has a limited amount of time to bring charges against alleged offenders. Known as the statute of limitations (SOL), once this time period has elapsed, the person may no longer be prosecuted for the crimes. However, in cases involving sexual assault, these time periods were abolished in California. This allows victims to come forward and press charges based on incidents that happened years in the past. A San Jose track coach was recently arrested and charged with a series of sex crimes that allegedly occurred more than a decade ago.   

San Jose Man Accused of Sex Crimes Against Minors

The 56-year-old owner of Marshall Sports Performance and Fitness in San Jose was working at Branham High School as an after-school track coach when allegations surfaced that he had sexually assaulted minor students in the past. The incidents allegedly occurred more than 10 years ago when he was a teacher at Valley Christian High School. 

Investigators say that numerous victims came forward and made allegations that the man had committed sexual acts against them in his classroom over the course of the 2004-2005 school years. He has been charged with 12 counts of sexual penetration with a person under the age of 18 and another 12 counts of oral copulation. 

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b2ap3_thumbnail_rape-San-Jose.jpgIn California, rape is considered to be a very serious sex crime that is committed when nonconsensual sexual intercourse is perpetrated via force, fraud, the threat of force, or is committed against a victim who is unconscious or incapable of consenting to the act. It is important to understand how rape is defined in California as well as a few commonly asserted defenses. However, anyone who has been accused of rape should contact a local sex crime defense lawyer for case specific information.

How Rape is Defined in California

Under Penal Code section 261, California’s rape statute defines the criminal offense of rape as an act of intercourse accomplished with a person under any of some of the following circumstances:

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