Is there a difference between assault with intent to commit rape and false imprisonment?

California, United States of America


The following excerpt is from People v. G.V., H034927, No. JV36149 (Cal. App. 2010):

Minor is not aided by People v. Martinez (1980) 109 Cal.App.3d 851. There, the court held that only one sentence may be imposed for assault with intent to commit rape and false imprisonment by force and violence where the defendant assaulted his victim, dragged her under a bridge and, after desisting from the attempted rape, held her for a few moments to convince her not to complain to the police. Momentarily holding the victim to convince her not to report the assault is clearly incidental to the attempted rape, and unlike in the present case, it did not subject her to any additional risk of harm. (Id. at p. 858.)

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