I wouldn't be surprised this is the outcome - they opt for a plea bargain - which has its own perils - see last quote
Prohibitions On Plea Bargaining
There are certain felony cases where California law prohibits the state from plea bargaining. These include:
- Serious felonies
- Violent sex crimes
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Why a Plea Bargain May Be a Good Option in Some Sex Crime Cases
Being charged with a sex crime is just the first of many steps involved in the prosecution of a criminal offense. If an agreement is not reached prior to trial, the defendant has a constitutional right to a jury trial and to be represented by counsel at that trial. If a defendant is found not guilty by the jury, a judgment of acquittal is entered by the trial court, and the case is dismissed. Because of the double jeopardy clause, a defendant who has been acquitted cannot be retried in most cases (although there are a few exceptions). For someone who maintains that he or she is innocent, an acquittal may seem like the ideal outcome of the case.
Unfortunately, juries do not always see things in the same way that the defendant does. Many sex crime cases hinge on the testimony of the alleged victim. The defendant has a right to remain silent and to refrain from self-incrimination, so he or she often does not testify at trial. If the jury believes the victim's version of the events, even after vigorous cross-examination by the defendant's lawyer, it is possible that a guilty verdict may be entered. Physical evidence also can be subject to multiple interpretations and used by the State to suggest that what the defendant insists was a consensual act was, in fact, against the victim's will.
When a defendant is convicted as charged of rape, sexual assault,
lewd conduct, or another sex offense, the judge must follow the state's sentencing laws for that crime. The advantage of a plea bargain is that the defendant may be able to plead guilty to a lesser crime - that is, a crime with a less severe sentence that involves less jail time or even just probation. The State may agree to this if there are possible weaknesses in the case against the defendant. For example, there could be an issue regarding the admissibility of certain evidence, or the victim's credibility may be questionable.
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Defending a Rape Charge
Defending a sex crime charge may be challenging. This is true in traditional rape cases as well as in a “date rape” situation, in which the defendant and the alleged victim are acquainted with each other. The parties may agree that intercourse or another sexual act took place but disagree as to whether effective consent was articulated. Since lack of consent is one of the key elements of the crime of rape, the burden of proof is on the State of California to prove the absence of consent beyond a reasonable doubt. Typically, this is done through the testimony of the alleged victim. Although the defendant has a right to testify on their own behalf, many defendants exercise their Fifth Amendment right to remain silent and refrain from giving the prosecution an opportunity to cross-examine them or undermine their credibility.
It should also be noted that consent is not always an effective defense in a rape or date rape case. Victims who are below a certain age or who lack mental capacity are not able to legally “consent,” even if they do verbally agree to have intercourse with the defendant.
Consent is also unlikely to be an effective defense in cases in which the alleged victim was asleep, unconscious, or severely intoxicated. However, the situation is often not straightforward. A knowledgeable rape defense attorney can assist Riverside County and San Bernardino residents with determining which defenses may apply to their circumstances.
Penalties for the Crimes of Rape and Date Rape in California
The crimes of rape and date rape are felonies in California. The punishment faced by a particular defendant depends on several factors, including the age of the alleged victim. Typically, the punishment for rape is between six and eight years of imprisonment in the state penitentiary. However, if the person against whom the crime was perpetrated was a minor, the defendant may face up to 13 years in prison. Fines and other penalties, such as inclusion on the sex offender registry, may also be imposed.
"Any felony offense has the potential to affect the defendant’s life and livelihood for many years to come. Especially with regard to registered sex offenders, finding work and suitable living accommodations may be very difficult, and the offender risks additional penalties if they do not comply with the requirements of the registry."
If Danny becomes a registered sex criminal - his hollywood career is over.
