Sex Crimes Attorney in San Luis Obispo, California
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Why Do I Need a Sex Crime Lawyer in California?
What is a Sex Crime?
Sex crimes are offenses committed involving illegal sexual conduct. These crimes usually arise when violence occurs during a sexual act, when there is a lack of consent by one party to the sexual act, or when someone engages in sex with an individual who is legally incapable of consent, such as a child.
Sex crimes are among the most serious crimes in the criminal justice system. There are both federal and state laws defining these crimes and their punishments. A reliable sex crimes attorney in San Luis Obispo CA can help you understand these laws and guide you on how to defend yourself against these criminal charges. What are the Common Sex Crimes?
A sex crime is a broad category that consists of a variety of offenses involving sexual conduct committed against someone else. A credible San Luis Obispo sex crimes attorney can help you understand the different types of sex crimes. Common examples of sex offenses include:
Lewd Conduct
Acts such as giving or receiving oral sex in public, exposure of genitals (flashing) in public, masturbating in public, and having sex in public are all considered lewd conduct. A person may be charged with lewd conduct if they engage in such conduct or solicit another person to engage in it. All instances of lewd conduct will be charged as misdemeanors and it may carry a maximum penalty of one year in prison. Depending on the circumstances of the case, a person convicted of lewd conduct may be required to register as a sex offender under Megan’s Law.
Sexual Assault
Sexual assault refers to a crime in which the offender subjects the victim to offensive and unwanted sexual touching. This offense can range from sexual groping to attempted rape. Sexual assault can cause significant trauma and can affect your physical and emotional health. Penalties for a conviction depend on the specific circumstances and whether or not it is classified as a misdemeanor or felony.
Rape
Rape is one of the most serious criminal offenses that can be perpetrated. It refers to a violent act of sexual intercourse with an unwilling participant or someone unable to consent. It happens when a person uses their penis without consent to penetrate the vagina, mouth, or anus of another person.
There are a few different types of rape with different consequences and levels of severity. Prosecutors can charge rape when an offender and victim have a preexisting relationship (sometimes called date rape), or even when the offender is the victim’s spouse. Rape also occurs when a person cannot consent because they are intoxicated, unconscious, or mentally incapacitated.
Child Pornography
Possession, production, or distribution of any form of pornographic material involving children or minors under the age of 18 is considered illegal. Images can include actual photographs, videos, drawings, or images created digitally. If you are charged with a child pornography offense, the prosecution can charge you either with a felony or misdemeanor depending on the facts of your case.
Child Molestation
Child molestation is a sex offense that involves a range of indecent sexual conduct involving a child. It refers to an act of sexual contact or exploitation of a person under the age of 15. The term “sexual contact,” means the touching, fondling, or manipulating of the genitals or anus. Child molestation is a very serious sex crime that carries extended jail time and a lifetime of stigma. Child molestation allegations are taken very seriously by law enforcement since the justice system must aim to balance the protection of children with the vindication of those who are falsely accused.
What are the Possible Defenses Against Sex Crime Charges?
Sex crime charges are usually based on the allegations or testimony of the alleged victim. In these cases, the defense can use a variety of strategies to counter a sex crime charge. The defense can challenge a sex crime charge by interviewing the people involved in your case, taking your case to trial (if necessary), or negotiating with the prosecutor for lesser charges or penalties.
The most common defenses to sex crimes charge are as follows:
- The sex act was consensual
- There was no actual sexual contact
- The accusation is false
- There is no sufficient evidence to support the charge
- There was a mistake in witness identification
Defending against a sex crime case requires the help of our skilled San Luis Obispo sex crime lawyers who can investigate your case and develop the most effective defense strategy. We are ready to battle for reduced penalties, case dismissal, or a not guilty verdict. We will help you prepare for every step of the legal process and aim for the best possible outcome.
