SEXUAL ASSAULT CRIMES
SEXUAL ASSAULT CHARGES
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date-Rape, Failure-to-Register as a Sex Offender, Indecent Exposure, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Internet Porn, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require those defendants who are convicted to continually register as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry very serious penalties and are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and the risk of convicting an innocent person is drastically higher in these type of criminal cases. Sexual Assault
Sexual assault, also known as “rape”, is a felony that carries with it severe penalties. Rape is sexual intercourse against a person under one of the following circumstances:
- The victim is unable to give legal consent due to a mental disorder, developmental disability, or physical disability
- The victim is unable to resist because the person is unconscious, intoxicated, or anesthetized, and the assailant knew or should have known of the victim’s condition
- The action is against the person’s will by using force, violence, menace, duress, fear of immediate injury, or by a threat to retaliate in the future
- The defendant is a public official who acts against the victim’s will by a threat to arrest or deport the victim
California law specifically makes it a crime for a man to rape his wife.
Aggravated criminal sexual assault is criminal sexual assault against a child under the age of 14, and who is ten or more years younger than the defendant. Committing a sexual assault in concert with others is another form of aggravated rape.
Sexual battery is defined as touching the intimate part of another who is restrained and without the person’s consent.
LEWD CONDUCT & INDECENT EXPOSURE
Lewd conduct can be any type of conduct of a sexual nature. These types of crimes usually fall under Penal Code Section 314, 647(a), 647.6 or any other sex-related type charge. Some of these acts can require lifetime sex offender registration under Penal Code Section 290. If required to register under this section, you will likely end up on the internet indicating you as a registered offender
Indecent exposure is a violation of Penal Code Section 314. Under this section, every person who willfully and lewdly exposes his private parts in a public place where others are present, and other people are intended to be offended or annoyed, can be found guilty of indecent exposure.
Indecent exposure can be classified as both a felony and a misdemeanor.
The key element to prove this charge is willfulness and lewdness.
Sex crimes are extremely complicated crime to defend due to the complexities of the legal issues involved and the public’s perception of those accused of such crimes. This is why it is important to retain a law firm that fully understands the legal issues involved, particularly those that result in a conviction that require the offender to register as a sex offender pursuant to Penal Code Section 290. A skilled criminal defense attorney who knows and understands these issues can sometimes avoid the person charged with the crime from being required to register as a sex offender, which oftentimes include their name and photograph being posted on the Megan’s Law website for anyone to access. The Law Office of Barry T. Simons is such a firm.
Additionally, while sex crimes are typically extremely complicated to defend, the benefit of a thorough investigation cannot be understated. A thorough investigation can mean the difference between a conviction and a dismissal. As stated, sexual misconduct is seldom witnessed by anyone other than the accuser and, as a result, the risk of conviction of an innocent person is drastically higher in these types of criminal cases.
Mr. Simons has extensive experience in defending sex charges. He was lead attorney in People v. Triggs, the California Supreme Court which held that clandestine police surveillance of public bathrooms to obtain evidence of lewd conduct was unconstitutional. Mr. Simons was on brief in Stogner v. California wherein the United States Supreme Court struck down a California law which revived charges in child sexual assault cases which had been barred by statutes of limitations as a violation of the Ex Post Facto Clause of the United States Constitution.
For more information about sex crimes and/or sexual assault, as applied under the laws of the State of California, or to discuss your criminal charges with an experienced criminal defense attorney, please contact us immediately at: 949-497-1729 or complete our Confidential Contact Form.
By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.