Los Angeles Sex Crime Attorney

Sex Crimes in California

A sex crime refers to any illegal act that involves sexual behavior or sexual misconduct. These crimes are considered particularly serious due to their impact on victims and society as a whole. In California, as in many other jurisdictions, various types of sex crimes are recognized and prosecuted.

Some examples of sex crimes in California include:

• Rape: This involves non-consensual sexual intercourse, often accomplished through force, threats, coercion, or incapacitation.
• Statutory Rape: This occurs when an adult engages in sexual activity with a minor who is below the age of consent, even if the minor agrees to the activity.
• Child Sexual Abuse: This involves sexual exploitation or molestation of children, which can include various forms of sexual contact or exposure to sexually explicit materials.
• Lewd Acts in Public: This refers to engaging in sexual behavior or exposing oneself in public with the intent to sexually gratify oneself or offend others.
• Solicitation: This involves offering or agreeing to engage in sexual activity in exchange for money or other goods or services.
• Prostitution: This involves engaging in sexual activity in exchange for money or other compensation.
• Sexual Battery: This refers to unwanted sexual touching or groping of another person's intimate parts without their consent.
• Child Pornography: This involves the production, distribution, or possession of sexually explicit images or videos involving minors.
• Indecent Exposure: This involves intentionally exposing one's genitals or intimate parts in public, often with the intent to shock or offend others.

Understanding the nuances of each specific sex crime is crucial in forming an effective defense strategy. Different crimes not only carry varying penalties but also require tailored legal defenses. For instance, statutory rape offenses focus heavily on the age and consent factor, while child pornography charges often hinge on digital evidence and intent. Thorough knowledge of these subtleties can aid significantly in a clear and focused legal response.

“Consent” Defined Under California Law

In sex crime cases where consent is an issue, consent is defined to mean positive cooperation in act or attitude pursuant to an exercise of free will. California Penal Code section 261.6. Consent does not include any of the following factors:

• The accused used a condom or other birth control device;
• The victim complied with the act to avoid possible injury or death;
• The victim didn't resist the attack; or
• The accused and the victim are or had been dating.

It is vital that both parties understand and express clear permission, free from any form of pressure or intimidation. Debunking common myths about consent can help reduce ambiguities in legal defenses and bring clarity during courtroom deliberations, potentially affecting the outcome of your legal strategy.

Have you been accused of a sex crime? Call Stephen G. Rodriguez & Partners today at (213) 481-6811 or contact us online to schedule a consultation with our Los Angeles sex crime attorney.

What Is Considered An Internet Sex Crime?

Online sex crimes are a growing area of concern for prosecutors. These crimes often involve:

• Prostitution
• Indecent exposure
• Lewd conduct
• Child pornography
• Solicitation of minors for child abuse

An internet criminal offender can be prosecuted under state and federal law in California. Internet sex crimes can be particularly complex due to the involvement of digital evidence, such as computer hard drives, emails, and online activity logs.

Megan’s Law in California

Under California's Megan's Law, the names of convicted sex offenders can be viewed on the California website www.meganslaw.ca.gov. This allows the public to view information on sex offenders required to register with local law enforcement. However, approximately 25% of registered sex offenders are excluded from this public disclosure by law based on the type of sex crime for which the person is required to register.

Common Legal Defenses Against Sex Charges

A legal defense is a strategy used by the defendant in a criminal case to challenge or mitigate the prosecution's allegations. These defenses aim to raise doubts about the defendant's guilt or to argue that their actions were justified, excused, or mitigated in some way. In the context of sex crimes, several common legal defenses may be utilized:

• Consent: The defendant may argue that the sexual activity in question was consensual, meaning that both parties willingly participated. This defense is often used in cases of rape or sexual assault.
• Mistaken Identity: The defendant asserts that they were wrongly identified as the perpetrator of the sex crime. This defense might involve providing an alibi or presenting evidence that someone else committed the offense.
• Lack of Intent: The defendant may claim that they did not have the intent to commit the alleged sex crime. For example, they might argue that they did not realize the other person did not consent or that they mistakenly believed the other person was of legal age.
• Insufficient Evidence: The defense challenges the prosecution's evidence, arguing that it is not enough to prove guilt beyond a reasonable doubt. This might involve questioning the reliability of witnesses, the credibility of forensic evidence, or the legality of police procedures.
• Duress or Coercion: The defendant asserts that they were forced or threatened into engaging in the sexual activity against their will. This defense can be used when the defendant's actions were the result of fear for their safety or the safety of others.
• Mental Incapacity: The defendant may argue that they were mentally incapacitated at the time of the offense, either due to temporary insanity, intoxication, or another mental condition, which prevented them from understanding the nature of their actions or distinguishing right from wrong.
• Statute of Limitations: The defense may argue that the prosecution's case is barred by the statute of limitations, meaning that too much time has passed since the alleged offense occurred for the defendant to be prosecuted.
• Entrapment: The defendant asserts that they were induced or coerced by law enforcement into committing the offense, which they would not have otherwise committed.

Sex Crime FAQs

Is a sex crime always a felony in Los Angeles?

No. Many offenses, like indecent exposure or certain types of sexual battery, are "wobblers," meaning they can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant's criminal history.

Can a sex crime charge be dropped if the victim doesn't want to press charges?

In California, the decision to drop charges lies with the District Attorney, not the victim. Even if a victim "recants" or asks to stop the prosecution, the DA may still move forward if they believe they have enough evidence.

What is the "One Strike" Law?

California’s "One Strike" law (PC 667.61) imposes extremely harsh sentences—often 15 to 25 years to life—for specific aggravated sex crimes, even if it is the defendant's first offense.

Do I have to register as a sex offender if I am granted probation?

In many cases, yes. Registration is often a mandatory consequence of the conviction itself, regardless of whether you serve time in state prison or are granted probation.

Can a sex crime conviction be expunged in California?

In California, what is commonly called an "expungement" is a petition for dismissal under Penal Code 1203.4. For most sex crimes that require registration under Penal Code 290, expungement is generally not available. However, there are narrow exceptions for certain misdemeanor offenses. Even if a dismissal is granted, it may not automatically remove the requirement to register as a sex offender.

What is "Pre-File Intervention," and how can it help me?

Pre-file intervention occurs after an investigation has begun but before the District Attorney’s office has filed formal charges. At Stephen G. Rodriguez & Partners, we use this window to present exculpatory evidence or highlight witness credibility issues to the prosecutor. In some cases, this can result in the DA declining to file charges entirely, saving you from a public arrest record and the stress of a court case.

What if the accusations are part of a custody battle or divorce?

Unfortunately, false allegations are sometimes used as leverage in family law disputes. We work closely with investigators to uncover ulterior motives, review communication logs (texts, emails, and social media), and demonstrate to the court that the charges may be fabricated to influence civil proceedings.

What is the difference between "Sexual Battery" and "Rape" in California?

The primary difference lies in the nature of the contact and the level of force. Sexual Battery (PC 243.4) involves the non-consensual touching of an intimate part for sexual arousal or abuse. Rape (PC 261) involves non-consensual sexual intercourse achieved through force, fear, or when the victim cannot consent. Both are serious, but Rape carries significantly harsher prison sentences and mandatory Tier 3 registration.

Contact Our Sex Crimes Lawyer Today

Being convicted of a sex crime is a life changer. The penalties for sex crime offenses are harsh and usually come with long prison sentences as well as mandatory lifetime sex registration. Many sex crime cases are prosecuted even though there is a lack of physical evidence coupled with poor quality law enforcement investigations. In fact, many sex crime cases in Los Angeles are prosecuted on the sole basis of the victim's testimony such that the case is essentially a she said - he said situation. Call the Los Angeles sex crime attorneys at Stephen G. Rodriguez & Partners to discuss your legal case. With more than 70 years of combined legal experience, our criminal defense lawyers can help you and aggressively defend you against sex crime charges.