Have You Been Accused Of A Sex Crime?
Being accused of a sex crime is a serious matter. Just the allegation of sexual impropriety can result in severe consequences. Penalties for sex crimes can be anything from informal or formal probation, to fines, treatment programs, lifetime Megan’s Law registration, county jail, and even state prison.
Finger pointing, false allegations, and emotional decisions can result in wrongful allegations and mandatory jail sentencing for a felony – even when the accused is innocent. Additionally, the accused or convicted person frequently faces a lasting social stigma, often losing the ability to obtain housing or gainful employment.
Sex crimes are criminal offenses that are sexual in nature – including forced, deviant, or otherwise illegal behavior. Common examples of California sex crimes include:
- Rape/Statutory Rape
- Child Sexual Abuse
- Child Sexual Abuse
- Lewd Acts In Public
- Sexual Battery
- Child Pornography
- Indecent Exposure
The Definition Of “Consent” Under California Law
Consent is defined as, “Positive cooperation in act or attitude pursuant to an exercise of free will.” According to California Penal Code section 261.6, consent doesn’t include any of the following factors:
- The accused used a condom or another birth control device
- The victim complied with the act because they feared they would be physically harmed
- The victim didn’t resist the attack
- The victim and the accused are currently or were previously dating
Internet Sex Crimes
Online sex crimes are becoming increasingly common. These frequently involve children, and may include providing them with indecent material via chat rooms, child pornography, and endangering the welfare of a child by advertising child prostitution. Since these offenses cross state lines via the Internet, the accused faces the prospect of a tough combination of state and federal penalties if convicted.
Sex Offender Registration
Perhaps one of the most damaging aspects of being convicted of a sex crime in California is the required registration with local law enforcement, and being put on the sex offender registry – a lifetime requirement. Under California’s Megan’s Law, the names of convicted sex offenders are registered on the website: meganslaw.ca.gov. While information on most offenders has been disclosed, about 25% of registered sex offenders are excluded from this public disclosure, based on the type of sex crime for which the person is required to register.
San Diego Sex Crime Defense Lawyer
If you’re being investigated or have already been charged with a sex crime, contact a criminal defense lawyer at the Law Office of Gregory Garrison immediately to evaluate your options. Don’t speak to anyone from law enforcement until you’ve consulted with one of our attorneys. You have rights – protect them!
There are multiple defenses that may be appropriate in a California sex crime case, such as: proven consent, insufficient evidence, no witness, mistaken identity, or a lack of physical evidence.
The Law Office Of Gregory Garrison Can Help By:
- Arranging bail, a bail reduction, or release without bail
- Understanding possible penalties and the likely outcome
- Hiring investigators to gather evidence and interview witnesses
- Arranging lie detector tests
- Negotiating with the prosecutor for a reduction of the charges
- Working to eliminate mandatory sex offender registration
- Presenting the most effective legal defense for your case
- Vigorously challenging every aspect of the prosecution’s case
- Seeking alternative sentencing programs (house arrest, residential treatment, counseling, and informal probation)
If you’ve been accused of a sex crime, hiring the right criminal defense attorney is crucial to maximize the chances of a favorable outcome. Backed by over 28 years of experience, our legal team can defend you against these charges.
For focused, aggressive representation, contact a San Diego sex crime attorney at the Law Office of Gregory Garrison.