If the prosecutor can provide evidence of sex crimes, you should take accusations of the offense seriously because you risk social stigma, jail or prison incarceration, and professional discipline. In addition, the intimate characteristics of these offenses make them severely punished and could alter your life’s course completely.
Cases of sex crimes are rampant countrywide, with an American being sexually assaulted after every 68 seconds. Despite these cases being rampant, only 25 out of 1,000 sex offenders end up behind bars, according to a report by Rape, Abuse, and Incest National Network (RAINN). The number of those offenders who end up in jail is very low, which means even if you have been falsely accused of the crime, you still have the chance to avoid a conviction by working closely with a sex offenses attorney.
At California Criminal Lawyer Group in Sacramento, we deem you innocent until proven otherwise, which is why we are committed to ensuring the criminal justice process is followed without biasness or judgment.
The Legal Definition of Sex Crimes
A sex crime is somehow a vague and umbrella term that consists of non-consensual or coerced sexual contact with somebody else. The main concept of sex offenses is consent, meaning the parties engaging in the act must all consent to it implicitly or explicitly. Implicit, in this case, means the communication of consent in a generally understood way, while explicit means loudly stated.
In cases involving minors, California statutes consider these individuals unable to consent to sexual acts. Therefore, if you engage in a sexual act with a minor after having agreed to the action, you will be charged with statutory rape because their consent to the conduct isn’t legally binding.
California Penal Codes define the various acts that count as sex crimes, meaning allegations for the offenses will result in criminal charges if there is sufficient evidence. A conviction for the offense has devastating consequences because you will register as a sex offender, adversely affecting your employment and housing capacities and denying your life enjoyment. Therefore, you are discouraged from engaging in any sexual encounter that is unwelcome or solicited. However, if you are wrongfully accused, you should reach out to a sex offenses attorney to defend you against the charges.
Overview of Common California Sex Crimes
Contrary to what many people believe, persons who commit sex crimes are known to their victims and are not strangers. As a result, many of these offenses count as domestic violence. And because of the severity of these offenses, DAs prosecute them to the total scope of the law. So, if you have engaged in an illegal act deemed a sex offense, it’s vital to understand the specific crimes you are being charged with. While information regarding these particular offenses is voluminous, we have provided a brief overview of the particular sex offenses below to help you understand the type of charge you face.
Sexual Battery
Sexual battery, as per PEN 243.4, refers to any unwanted contact with someone else’s intimate parts against the individual’s will and with the intent to achieve sexual satisfaction, arousal, or abuse. Unlike rape, with sexual battery, actual penetration or sexual intercourse is not mandatory. However, you could be charged and convicted for the offense when the victim is an individual you are involved in a current sexual relationship with.
Furthermore, the statute address far more serious sexual assault cases where the alleged victim is:
- Illegally restrained, either by the sexual assault perpetrator or another person.
- Seriously disabled, hospitalized, or medically incapacitated after the unlawful act.
- Oblivious of the sexual conduct characteristics because you, as the offender, engaged in it fraudulently, claiming the action was for professional reasons.
- Made to touch your intimate parts, those of your co-conspirators, or masturbate.
The various forms of sexual assault are:
- Unwanted sexual contact.
- Attempted rape.
- Coercing another person into a sexual act like masturbation or oral sex.
- Rape happens when there is penetration.
California Rape
According to PC 261, rape is the application of fraud, power, or threats as a means of engaging in unwanted sexual intercourse or penetration with another person. Note that for the prosecutor to convict you of the offense, the victim of the rape must have been alive at the time of the act.
During the trial, the DA must prove that you accomplished the act of sexual penetration using particular means. These means include physical force or power, violence, threats enough to coerce another person to engage in sexual intercourse, or trickery.
Similarly, there must have been sexual intercourse, like penetration, regardless of how slight it was, of the vagina or genitalia. Again, however, the prosecutor doesn’t need to show there was ejaculation.
Moreover, the DA must show the sex was not consensual. Consent means the victim conducted themselves freely, voluntarily, and with full knowledge of the characteristics of the conduct. However, sometimes the victim might consent to sexual penetration, only later to change their mind. You could still be found guilty in these cases because the victim withdrew the consent in the process.
Also, it’s worth noting that some individuals cannot consent to sexual intercourse. These individuals include intoxicated people to understand the nature of the act, a person with a mental illness, and an unconscious one.
The crime of rape takes various forms. These are:
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Statutory Rape
Statutory rape is outlined under PC 261.5 as willingly engaging in sexual intercourse with a person recognized by the law as a minor or an under 18. Therefore, even if a minor agrees to or initiates the act, you will still be liable under the law.
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Spousal Rape
Spousal rape is defined under PC 262 as forced or violent sexual penetration where the victim is a legal spouse. However, under PC 261 rape, spousal rape is not an offense because the elements of rape require you, as the perpetrator, not to be married to the victim.
Indecent Exposure
According to PEN 341, if you deliberately or lewdly expose another person’s private parts or their person in public or in any other place where people might see and feel offended or annoyed, you commit the offense of indecent exposure. Additionally, the statute makes it a crime to aid or assist someone else in exposing themselves or participating in a model art exhibition to excite vicious thoughts or behaviors.
When proving these cases before the court, the DA must prove that:
- You willingly or on purpose, exposed your genitals.
- In the presence of another person or in public, where the people watching your actions will feel offended or annoyed.
- Your goal was to divert the public’s attention towards your intimate parts for sexual satisfaction or to offend.
Exposure, for purposes of this statute, means revealing your nakedness. Therefore, if you reveal your underwear or show your female breasts, the exposure doesn’t count as a crime.
Also, for the area the action takes place to be deemed public, you must have been sure other people will see your genitalia. If it were in a secluded place where you believed nobody was watching, you wouldn’t be guilty of this crime. In addition, even if you intended to draw the public’s attention to your private parts but never intended to offend or cause sexual gratification, the offense will not count as indecent exposure.
Prostitution and Solicitation
It is a crime to participate or solicit prostitution in California. Prostitution is defined as per PEN 647(b) as engaging in sexual penetration or lewd behavior with someone else in exchange for money, products, or services. The specific behaviors outlawed under this statute are:
- Participating in a prostitution act.
- Requesting for a prostitution act.
- Agreeing to take part in prostitution.
When your case proceeds to trial, the prosecutor must show that you willingly participated in sexual penetration or lewd conduct with another individual. In return, you gave the person money or some form of compensation. In this case, lewd refers to any behavior that involves touching of intimate parts for sexual arousal or satisfaction.
Moreover, the prosecuting team must show that you solicited sex, or in other words, asked another individual to engage in prostitution. Finally, perhaps, you could be convicted under this statute for showing intentions of wanting to engage in sexual intercourse for compensation, whether in monetary form and goods or services.
You demonstrate intent if you pay money or an item of consideration like drugs for a lewd act or sexual penetration. When it comes to these cases, you need an attorney to defend you because even if the person you were requesting to engage in sexual intercourse for money wasn’t a prostitute, was a prostitute but didn’t agree to the act; you may be convicted. Additionally, you could be guilty even if the person you considered a prostitute was undercover police.
Another element that must be proved is clear intent. For instance, if you hang around a place famous for prostitution, waving at passing motorists, nodding to strangers, or standing at a corner with a miniskirt, this could be the clear intent of asking for prostitution.
Finally, the prosecutor must prove you agreed to participate in the act. If you make an offer alone, you will be charged with soliciting, but if the recommendation is followed by agreement from the other party, you will be charged with engaging in prostitution. In addition, the agreement must be more than verbal. It must be coupled with some action that shows you want to commit the act of prostitution. Examples of acts that can sufficiently prove you agreed to the prostitution include:
- Paying the money agreed upon.
- Withdrawing cash from the ATM after the request to participate in prostitution.
- Asking a customer to undress after agreeing to the act.
Note that the offense won’t be charged or prosecuted if the person soliciting sex or the customer is a minor. The reason being, under SB 1322, any person below 18 years that engages in prostitution is deemed a commercially sexually exploited child. Therefore, the minor will be considered a dependent child of the court and placed in temporary custody for no more than fifteen days in an emergency shelter or a family member.
Oral Copulation Through Power or Fear
According to PEN 287, it is unlawful to engage in unsolicited contact or touching between someone else’s mouth and another individual’s intimate parts or anus. In addition, the statute prohibits oral copulation if it stems from physical power, fear, coercion, or threats or happens because the other party is in no position to consent, intoxicated or unconscious.
If your case proceeds to trial, you will be sentenced if the prosecutor proves:
- There was contact between another person’s mouth and someone else’s intimate parts or anus.
- Without permission from the other party.
- Through threats, coercion, or menace action.
In cases where the victim was intoxicated, the prosecutor must show that the act of oral copulation occurred when the victim wasn’t in a position to resist because they were on drugs, alcohol, or a controlled substance. Additionally, they must demonstrate, you as the offender, were aware or should have known the victim could not consent to the act because they were intoxicated.
When oral copulation occurs with an unconscious person, the prosecutor should show the victim was asleep, unaware the act was going on, or was unaware of the nature of the act because you deceived or concealed crucial information about the act from them.
Lewd Conduct in Public
California PC 647a criminalizes any touching of your own or another person’s genitalia, buttocks, or female breasts for sexual satisfaction or arousal when you are fully aware other people are present and could be annoyed by your action.
Keep in mind that engaging in sexual conduct in public alone isn’t a criminal offense. However, the law prohibits engaging in the touching of genitals when you are aware or ought to know that other people are watching.
Possession of Child Pornography
It is a crime to send, duplicate, print, possess, or transport child pornography in California. Again, it is illegal to procure a minor or convince them to engage in pornographic images.
Under PC 311.10, it is a crime to willingly advertise child pornography with the intent to sell or distribute. In addition, as per PC 311.11, knowingly possessing or controlling any child pornography produced by a minor below 18 years is a crime.
Child pornography could mean any material showing sexual conduct by a minor. The materials include pictures, videotapes, films, or slides showing anal penetration, sexual intercourse, masturbation, or oral copulation.
Not Registering as a Sex Offender
As per PEN 290, it is illegal not to register as a sex offender with the chief of police in Sacramento or any other area you might be residing. You are required to register within five days after your birthday or every New Year. Again, when you change address or relocate to a new place, you must register or inform the local authorities in your new area about sex registration.
Child Sexual Abuse
PEN 288.5 is the statute that codifies constant sexual molestation of a minor 14 years or younger. The court will find you guilty for violation of this statute if theDA can demonstrate that:
- You, as the defendant, had continuous access to the child or lived together.
- You participated in at least three sexual acts like oral copulation, masturbation, or penetration with the minor.
- At least three months have elapsed between the initial and final sexual act.
- At the time of the conduct, the minor was aged 14 or younger.
The Punishment for Sex Crimes Conviction
California statutes provide for a minimum of two thousand dollars in court fines and as much as $25,000 in monetary court fines to be imposed on individuals found guilty of sex crimes. The fines are intended to compensate the victims and, at the same time, punish the sex offender and discourage others from engaging in the same acts.
Apart from these penalties, felony sex offenders may be required to share information about their convictions with potential employers. These individuals are further prohibited from owning a firearm or voting while still in prison or on parole. However, if you have been released on probation, you can exercise your voting right. Again, even if you are prohibited from voting because you are on parole, your voting rights will be restored if you complete the program.
You will have three alternatives to jail or prison sentences when convicted of a sex crime. These include supervised probation, parole, and unsupervised probation. Among all these, parole is the toughest because it has severe conduct restrictions, and you must check in with the parole officer regularly as ordered by the court. Failure to adhere to the court’s requirement will result in the cancelation of parole and going back to prison to serve the remainder of your sentence.
Alternatively, the court could impose probation in place of a prison sentence. The probation can be supervised or unsupervised, and it comes with particular conditions that you must fulfill. Otherwise, if you violate these conditions, the court will cancel the probation and send you behind bars to serve the initial sentence provided by the law for the specific sex crime.
Contesting Sex Crimes Charges
Depending on the sex offense allegations you face, you can craft legal defense strategies to counter the accusation and have the charges dropped or reduced. One of the common defenses your attorney can apply in these cases is claiming your accusations are based on falsehood.
This defense applies so well in sex offenses because there are often few or no witnesses. Sometimes, there is insufficient evidence to prove the sexual conduct happened, and it’s usually your word against that of the victim. In these cases, false accusation is applicable. However, if there is evidence in the form of text messages or emails showing the sexual contact happened, the defense is inapplicable.
Other defenses that you can craft to contest the charges are:
- The touching or contact that happened lacked sexual characteristics. However, this defense applies if the touching or these intimate parts is part of your job description.
- Although sexual intercourse or contact occurred, it was not forced but consensual.
- You reasonably believed the sex was consensual.
- You are a victim of mistaken identity.
- The evidence presented is insufficient to meet the bar of reasonable certainty.
Note that particular defense strategies might not apply when fight sex offense charges. For example, you cannot claim you were too intoxicated to realize the characteristics of your actions.
When it comes to sex crimes, you don’t need to wait until an arrest warrant is issued and you are charged. Instead, you can reach out to your criminal defense attorney right after learning law enforcement authorities are conducting their investigations. An experienced attorney will intervene in the case early and obtain an acquittal or charge reduction.
The best way you can stop the case from ever reaching trial is by negotiating with the police on time. Unfortunately, police play it safe when it comes to sex offenses because they fear rushing to arrest after hearing the victim’s side of the story, only to drop the charges or set you free after hearing your side of the story.
Therefore, when you contact an attorney on time while the police are still investigating the matter, you can share your side of the story with the authorities to poke holes in their evidence, thus discouraging them from pursuing the charges.
First, a profound sex crimes attorney will hire a private investigator to collect new evidence from the crime scene that the police might have missed, uncover the victim’s record of biasness, or any information that could discredit the witnesses’ testimony.
A lie detector test could also be used, although not on the witness, but the defendant. Your attorney may provide these results in court, not as evidence, but to demonstrate to the jury that you tell the truth that the sexual conduct never occurred. That way, the charges could be reduced, or the case dismissed all the same.
Find the Right Sex offense Defense Attorney Near Me
Your last wish is to be convicted for sex crimes when you are innocent. Unfortunately, a conviction will not only result in incarceration and hefty fines. You will register as a sex offender, which will change the course of your life forever. If you face charges for any incidents that amount to sex crimes mentioned above, call the California Criminal Lawyer Group in Sacramento at 916-775-7660 for a free case evaluation.