If you have been charged with a sex crime, you should immediately contact a knowledgeable criminal defense attorney. Immediate intervention by a skilled criminal lawyer can protect your rights. Raven Law has extensive experience handling sex crime cases. A criminal lawyer provides qualified and knowledgeable legal representation you will need when disputing these types of cases. If you retain our office, we will thoroughly investigate, closely advise you, and aggressively defend your case.
A sex crime may be defined as any type of sexual act that is prohibited under state and/or federal law. Many of these offenses involve forced or unwanted sexual activity or intercourse, such as rape or sexual abuse, but there are also sex crimes that do not involve the use of force or threats. Sex with a minor and child pornography are examples of these. Although sex crimes vary widely in nature and severity, they all hold one thing in common: they will have a considerable impact on the life of the accused.
EXAMPLES OF SEX CRIMES
• Child molestation
• Child pornography
• Date rape
• Statutory rape
• Indecent exposure
• Solicitation of prostitution
• Lewd and lascivious conduct
COMMON CHARGES/STATUTES FOR SEX CRIMES
Cal penal code § 261. Rape; “Duress”; “Menace”
(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:
(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.
(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.
(5) Where a person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.
(6) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.
(7) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.
(b) As used in this section, “duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress.
(c) As used in this section, “menace” means any threat, declaration, or act which shows an intention to inflict an injury upon another.
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No one wants to live with the lifelong stigma of a sex crime conviction and the registration requirement. We understand the impact of these cases on our clients, and our goal is to get you the best possible results. Call Today at: (916) 300-1600.