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What are the Potential Defenses for Sex Crime Cases?

Posted by Ronald D. Hedding, ESQ. | Feb 09, 2022

I start by saying potential defenses because not every defense applies to every case.  I get very frustrated when I hear people call in and say; I talked to this law firm and I spoke to this attorney, and they told me about these defenses.

I ask, but do they relate to your case?  In other words, did you sit down with them and tell them what you're being accused of — tell them what evidence the police have against you — and then they said yeah, this is a potential defense you could use.

Defenses for Sex Crime Cases

The answer, often, is no because these attorneys and the people who work for the attorneys are just saying a bunch of stuff that has nothing to do with the person's case.  In other words, they've just got some rogue script that they're going off of when you talk to them.  So, stop doing that.  Stop talking to people who don't know anything about your case.

What we do is, yes, we will talk to you a little bit about it.  Yes, we will gather some information in that initial call, and we'll give you an idea of where you stand.

But, the biggest thing we're going to do is we're going to get you in to meet with me.  I've been doing this for 30 years.  I've handled thousands of cases just like yours, but I have to sit down with you.

We have to talk about it.  We have to break it down.  We have to see if you have any criminal record and what type of criminal record.  We've got to see the allegations against you and what you have to say about it.  Our Los Angeles criminal defense lawyers will address this topic more closely below.

What are the Common Sex Crime Charges in California?

  • Penal Code 311 PC – child pornography,
  • Penal Code 647.6 PC – annoying or molesting a child,
  • Penal Code 288 PC – lewd acts with minor,
  • Penal Code 288a PC – oral copulation with minor,
  • Penal Code 290 PC – failure to register as a sex offender,
  • Penal Code 314 PC – indecent exposure,
  • Penal Code 647(b) PC – solicitation of prostitution,
  • Penal Code 243.4 PC – sexual battery,
  • Penal Code 261PC – rape,
  • Penal Code 261.5 PC – statutory rape,
  • Penal Code 266h and 266i PC – pimping and pandering,
  • Penal Code 288.4 PC – arrange a meeting with minor for lewd purposes,
  • Penal Code 288.2 PC – send harmful matter to seduce minor,
  • Penal Code 288.3 PC – contacting minor to commit felony,
  • Penal Code 288.5 PC – continuous sexual abuse of a child,
  • Penal Code 289 PC – forcible sexual penetration with a foreign object,
  • Penal Code 647(a) PC – lewd conduct in public,
  • Penal Code 647(J)(4) PC – revenge porn,
  • Penal Code 653.22 PC – loitering for prostitution,
  • Penal Code 653.23 PC – supervising or aiding prostitution,

What Will the Prosecutors Say About Your Case?

The most important thing you have to do when you come in is lay out what the police and prosecutors will say against you.  At least then we can see what the allegations are, and then we can get into your defense.

Then we can get into what you have to say about it.  But, if we get into what you have to say about it, you, by nature, will spin it in your favor.  Of course, you are.  That's only human nature.  But first, you need to tell me what they are saying that you did wrong.  Then we can talk about what some of the defenses might be.

What Are Some Examples of Defenses We Can Use?

There are almost endless examples of potential defenses, but they will always depend on the details of the case. Some examples of some defenses are:

California Sex Crime Defenses
  • I'm not the one who perpetrated this crime;
  • I don't know why they're claiming that I did it;
  • What evidence do they have?
  • Do they have DNA?
  • Do they have witnesses?
  • Do they have video evidence?
  • Was the sexual activity consensual?

Whatever the case may be.  So, you can say, I'm not the one who did it. Another defense in many of these sex crime cases is that it was consensual.  The person wasn't a minor, and I didn't do anything wrong.  Sometimes people are claiming individuals did things, but they have an ulterior motive behind their claim.

Maybe they're in the process of getting a divorce, and they don't want to do things the right way, the fair way.  They want to have an advantage.

They found out that if they can claim that you committed some sex offense against them or one of your children, that puts you in a horrible position in a divorce, and they can take the lion's share of the money and take control of everything.  There could be a whole host of reasons.

Is Intoxication a Valid Defense for Sex Charges?

Another defense that I see is intoxication.  People go out on a date.  One side gets very intoxicated.  They have sex, and now the person wakes up in the morning of days later and says that that individual took advantage of me.

You say, wait a minute, I was having drinks too.  What do you mean I took advantage of you?  You didn't say anything at the time.  So, this crime over spilled milk after the fact happens all the time, and these cases are not easy for the police and prosecutors to figure out.

What is a Pretext Phone Call by Police?

They can't figure out whether or not the person is telling the truth, so what they'll do it, they'll hit you with a pretext phone call, where they'll have the person call you and accuse you, why did you do that?

You took advantage of me, and often, people's first inclination is to apologize.  I'm sorry, I didn't mean to do that, and then the police and prosecutors take that as an admission of guilt when you were trying to be nice.  You still don't think you did anything wrong, but they figure that if someone accuses you of something over the phone or by text or even in person, you should respond by saying, hey, what are you talking about?

I didn't do anything wrong.  You consented.  What do you mean?  Some people do that, but most people don't do that when they're caught by surprise, so they use that pretext phone call where the police are on the other line recording the call, telling the person what to say.

Sex Crime Defense Lawyer

So, some of these defenses will be designed around what type of case you have, what the allegations are, and of course, what happened in a particular case.  So, if you're looking for the best sex crime defense attorney and want to talk about defenses and see if they genuinely will work and make sense in your case, pick up the phone now.

Ask for a meeting with Ron Hedding.  I've been doing this for 30 years.  I've worked for the DA's office.  I've worked for a Superior Court judge, and I've worked for people just like you since 1994.

Hedding Law Firm is located in Los Angeles County, and we serve clients throughout Southern California. Contact us for a free case consultation.

About the Author

Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.