Sexual Cases
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Some of the most serious charges that a person can face are those for sex crimes. In addition to frequently carrying serious prison sentences, sex crimes carry an enormous social stigma that can permanently change the lives of those convicted (even wrongfully) of committing sex crimes. The sad truth is that, while sex crimes are an extremely serious matter, many people are falsely accused or are convicted of sex crimes that are archaic and prejudicial in nature. For these reasons, it is crucial that those accused of sex crimes take the charges very seriously and retain proper counsel as soon as possible.
The types of acts that are classified can vary by state, as can the likelihood that some of them will be prosecuted, and the potential sentence should persons be found guilty of sex crimes. Some people might be surprised by the acts that are or are not categorized under sex crimes. For instance rape, generally considered a crime against the person, is not always classified with other sex crimes. At the same time, fornication and adultery are considered misdemeanor sex crimes in some states, although they may not actually be prosecuted. Sodomy, incest and bigamy are all typically considered sex crimes, although most states do not prosecute persons for sodomy if it occurs between two consenting adults in the privacy of a home. Laws concerning sex crimes such as bigamy and incest are often rife with technicalities that are specific to the state. One of the few sex crimes that is fairly universal in definition and punishment is prostitution.
Sentences for the commission of sex crimes may include a provision for registration on a list of known sex offenders after release from prison. Persons who are registered due to sex crimes are generally subjected to some form of monitoring, and must verify their address. In some states, persons convicted of sex crimes must have the people in the surrounding area sign an acknowledgement that they are aware that a known sex offender is living in their neighborhood. A criminal history including sex crimes can also prevent individuals from getting work in certain sectors, such as child care or education.
The consequences of a sex crimes conviction can be serious and far-reaching. If you or someone you love has been accused of sex crimes, you must take the charges very seriously. Attorneys who do not have experience representing sex crimes defendants may not have the background to appropriately structure the best possible defense while lawyers who concentrate on sex crimes defense may be able to help you understand how best to fight these charges.
What is a Sex Crime?
Sex crime is a broad category that encompasses a variety of common offenses such as: Child Abuse, Child Enticement, Child Pornography, Child Procurement, Child Exploitation, Date Rape, Failure to Register, Indecent Exposure, Internet Porn, Lewd and Lascivious, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pimping/Pandering, Pornography, Prostitution, Rape, Sexual Offense, Sexual Abuse, Sexual Assault, Sexual Harassment, Sodomy and Statutory Rape.
These crimes generally include acts of unwanted physical contact for the purpose of sexual gratification. Many sex crimes are considered felonies (as is the case in California). In some states the laws include provisions against aggressive sexually suggestive statements, where no physical contact occurs. Physical contact is "unwanted" if the victim did not legally consent to such contact. Examples include saying "no", physically objecting and being intoxicated or incapacitated to the point of not being able to give consent.
Consequences of a Sex Crime
The consequences for the conviction of molestation, rape or any other sex-related crimes are severe and can include lengthy prison terms, significant fines, mandatory AIDS testing, court ordered rehabilitation, loss of your right to vote, loss of your right to possess weapons, and requirement to register as a sex offender typically for the rest of your life if, and when, you are released.
The likelihood of any of these consequences depends on a number of factors including: mitigating/aggravating circumstances, whether or not you're currently on parole or probation, any prior convictions (specifically sexual convictions), your community and/or court's attitude about these offenses, the level of attention your case is receiving in the media, and the quality of your legal representation.
Defending Against a Sex Crime
It takes a firm with the confidence and know-how to deal with Federal and State authorities when it comes to defending individuals against sexual criminal charges. For example, lack of sufficient evidence and factual innocence due to mistaken identity are powerful defense strategies that are possible only through early intervention (i.e., interviewing police, prosecutors, witnesses, etc.).
Whether or not you retain our services, you should retain qualified counsel immediately. Additionally, you should immediately exercise your right to remain silent, keep a diary of all significant events, the names of potential witnesses, and gather documentation of your good character (certifications, reference letters, employment history, etc.). This information will be important to your defense.
