What Is Considered A Sex Crime In California?
There is no perfect definition for sex crimes because there are so many different varieties of sex crimes that are listed in the penal code. However, in general, if somebody is touching the intimate body part of another against that person's will, or if the person doesn't consent to it, then that would certainly be considered a sex crime.
Also, you have to look at the category of minors in California, which are people under the age of 18. Those individuals cannot consent to any touching. Some people get confused and say, “The minor consented to it; they were okay with it.”
It's crucial to understand that minors, individuals under 18, cannot consent to any form of touching. Therefore, any act of touching a minor's intimate body parts with the intent to sexually arouse them is a serious crime, and understandably so.
DNA Evidence in sex crime cases is an effective tool for law enforcement and prosecutors to show a defendant committed a crime.
How Are Sex Crimes Determined To Be Either Misdemeanors Or Felonies?
The legal categorization of sex crimes into misdemeanors or felonies is not always straightforward. Felony charges typically involve more serious offenses, such as those against children or violent sexual felonies. This complexity underscores the need for professional legal guidance in such cases.
It may involve some other sex crime that is obviously against somebody's will and is a serious violation of that person's physical space.
Misdemeanor sex crimes are usually going to be in the category of sexual battery, like touching somebody in an intimate part of their body, assaults, and other less serious misdemeanor-type conduct, lewd conduct, and solicitation. A crime in the misdemeanor category is not as violative of the person's body as a crime in the felony category.
Common Types Of Sex Crimes We Handle
Over the last 25 years, I have handled thousands of sex crime cases. I've pretty much-defended people for just about every single sex crime-related penal code violation. Some common ones that we see are sexual batteries, which is Penal Code Section 243.4.
We also see a lot of 288-A charges, which deal with people who are involved with touching minors under the age of 18 in an inappropriate manner. I do a lot of federal child pornography cases in which people are doing things on the internet involving children, and the FBI gets involved.
I handle cases involving date rape. So, I've handled countless cases, but it all usually boils down to whether or not the prosecutors can prove the particular sex charges, which boils down to whether or not they have the evidence.
The majority of the sex crime cases that we see involve people who know each other, whether they are family members, people who are dating, or people who are friends with one another. Some cases include strangers touching people.
I think the prosecutors and judges treat those cases much more harshly. It's very serious when a stranger is violating somebody else's personal space sexually. The prosecutors come down hard on those offenders, and obviously, I also represent those individuals.
Is Sex Crime a State or Federal Case?
There are a lot of sex crimes that could be charged at either the state or federal level. The difference is in the type of cases the federal government chooses to take. The answer to that is that the federal government is usually dealing with child pornography cases or cases that are more sophisticated.
I've seen large prostitution rings being dealt with by the federal government. The feds usually get involved in sophisticated cases where they must spend money and workforce to investigate and prosecute them.
The state is going to deal with simpler, straightforward sex crimes, and the federal government is not going to waste its time or resources on those types of cases.
How Can I Protect Myself If Arrested For a Sex Crime
If you find yourself under investigation or arrested for a sex crime, the first and most crucial step is to seek legal counsel. Your attorney will guide you through the process, advise you on the best course of action, and protect your rights.
Your attorney will be your champion; they know how to deal with these types of cases. One of the best investigative tools the authorities have is getting the person to give them information and incriminate themselves. So, that's not a good idea.
Another thing that the authorities will do is have the alleged victim call the defendant, and they will record that call (which they're allowed to do). They will then feed the questions to the alleged victim so that the defendant incriminates themselves on tape.
It's important to remember that anything you discuss with your attorney is protected by the attorney-client privilege. This means that your conversations are confidential and cannot be disclosed, providing you with a secure space to discuss your case.
You want to get in front of somebody who has done these types of cases before and has succeeded. Please give them the path you're about to go down so they can tell you the best course of action.
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