Can Other Charges Be Substituted To Avoid California Sex Offender Registration?
Many other charges can be used in sex crime cases that do not require sex registration. However, the issue related to that is the prosecutor and judge have to be willing to allow the person to plea to one of those other charges that do not require sex registration.
Whatever the person pleads to, it has to make sense given what they are claimed to have done. In other words, they're not going to let somebody plead to a charge that has absolutely nothing to do with the behavior that led to their arrest in the first place.
This is where a seasoned sex crime attorney who's been doing this a long time, has experience, and has dealt with the prosecutor and the judge in the courthouse where the case is pending comes in—to craft these types of resolutions, come up with a charge, and convince the prosecutor and judge to go with it.
Why Judges And Prosecutors are Harsh In Prosecuting Sex Crimes
Judges and prosecutors are harsh in prosecuting sex crimes because of politics, society, and the stigma that comes along with sex crimes. Unfortunately, for people who are charged with sex crimes, there is a huge stigma that comes along with that.
A lot of society puts pressure on the legislature, which puts pressure on the courts, to make sure that people who are charged with sex crimes are treated harshly. That's why the prosecutors and judges are so harsh.
Another reason is that these crimes can come back and haunt prosecutors and judges if they are not harsh. If they don't create deterrence to people who commit these types of crimes, later on, if they were perceived as giving the particular defendant a break and the defendant commits another more serious crime, then the authorities that get that case can question the judge or prosecutor.
This can have serious political ramifications for the judge or prosecutor who gave them a break.
Are There Defenses To Sex Crimes?
There are defenses to sex crimes. However, it's not a cookie-cutter situation where every defense applies in every case. The defenses that might be applicable have to do with a particular sex crime and the particular circumstances surrounding that crime.
For example, sometimes people get involved with each other, and both parties are drunk, or the alleged victim is intoxicated. The alleged victim wakes up the next morning and claims that the person did some things, or they don't remember, and they feel like they were taken advantage of.
This could be a defense because this doesn't necessarily mean the other person took advantage of them. This situation spins on its facts, and you need to discuss it with your attorney.
Other situations where I have seen sex crimes spun, and there is a defense to it, is when there is a divorce situation. The other spouse is trying to get an advantage against the husband or wife in a divorce, so they make up a story about some sex-related incident to win money and get a huge advantage over the other person.
Other areas where I see defenses that can be utilized are when the other party gets very jealous and angry and then makes up a story against the person, ultimately getting arrested. Several areas can be used to establish a defense in a sex crime case.
I've spoken to many police officers who realize people make things up and don't tell the truth. The police are also very savvy regarding this, and they are on the lookout for this type of stuff. They will listen to defense attorneys with good arguments and the facts to support them.
What Determines If A Person Goes To Jail Or Not For A Sex Crime?
Several factors determine if someone goes to jail for a sex crime. In general, the person's record for any prior sex crimes would be one factor, as the extent of their conduct, what they did, and how violating it was for the other person's personal space.
The alleged victim's age in the case is a huge factor in determining whether a person goes to jail or prison. There is a difference between jail and prison. Jail refers to the county jail. It's a local time and usually very close to where the person committed the offense.
Prison could be anywhere in California if your crime occurs in LA County, and you can get more time if you go to prison because it's a different environment.
