Sex crime accusations are taken seriously in California. If the prosecutor can find enough evidence against you, you are likely to face severe penalties. If you are convicted of sex crimes, you will likely be imprisoned, be registered as a sex offender, and lose some civil rights. Since sex crimes are serious accusations, the court requires the prosecution to provide enough evidence before making a conviction.

A sex crime can completely alter your lifestyle; that is why you need strong legal representation. The California Criminal Lawyer Group has experienced attorneys in Santa Ana ready to help you fight for your rights and attain the justice you deserve.

What are Sex Crimes?

A sex crime is a term used to describe a forced or an illegal sexual act against a person. Exposing your private parts to someone without their consent or abusing someone sexually can lead to a conviction for sex crimes. In many states, sex crime offenders are listed as sex offenders (National Sex Offender Website). Different sex crimes are punished differently depending on the severity of the crime. Below are some of the common sex crimes.

Sex Crimes

The following are some of the common sex crimes and their penalties. Note that the penalties depend on the severity of the crime and the circumstances revolving around the case.

Rape

For a person to be sentenced for rape in CA penal code 261, the prosecutor must prove the following:

  • There was sexual intercourse between the defendant and the alleged victim
  • Both parties were not married at that time
  • The intercourse happened without the consent of the other person
  • The defendant used any of the following to accomplish the act:
  1. Fraud
  2. Force
  3. Violence
  4. Menace
  5. Duress or/and,
  6. Retribution

It is also important to note that:

  • The alleged victim must be alive when the offense took place

Most people fail to understand the legal meaning of:

  • Consent
  • Sexual intercourse
  • The ways the accused committed the crime (e.g., Violence, force, etc.)

Consent

A person can only be convicted in case the alleged victim did not consent to have sex. To consent, a person must:

  • Know the nature of the act
  • Act voluntarily, and
  • Act freely

At times, someone who initially consents to engage in the sexual acts may change their mind during the act and not consent.

Sexual intercourse is committed without consent if:

  • The defendant continued with the sexual acts forcibly even after being asked to stop.
  • A normal person would have reasoned that the acts or words displayed by the victim meant no consent, and
  • The alleged victim communicated no consent to the defendant through actions or words.

Note that the alleged victim is not supposed to fight back or physically resist to communicate no consent.

For instance, Mary fights with a boyfriend and goes to her friend’s house to calm down. She insists that they should go out to a party. At the party, they find Peter, her friend, and they go to the bathroom to make out. Mary gets to her senses and asks to stop because she does not want to intimate him. Peter ignores her and continues doing the acts.

Peter can be sentenced for rape even if Mary initially consented to the acts. The message she passed to Peter was enough for a reasonable person to know that May has withdrawn the consent. Even if she does not hit Peter or engage in any physical acts to push Peter away, Peter is still guilty of rape.

Sexual Intercourse

Under PC 261, sexual intercourse is defined as any penetration(no matter how small or slight) of the penis to the vagina or genitalia.

Note that: For an act to be considered as sexual intercourse, no ejaculation is needed.

Violence, Force

The above elements must be present for a person to be convicted for a sex crime. The prosecutor must prove that the defendant accomplished sexual intercourse using specific means. These acts are defined as follows under the law:

  • Violence,m, at the partyTheyeans a behavior that intends to cause harm or kill
  • Force means using physical force to overcome someone’s will.
  • Fraud meaning using tricks or deceit to make someone have sex with you
  • Fear a person has to reasonably be afraid
  • Duress means using threats to coerce someone into having sex.
  • Retribution means revenge or some type of payback.
  • Menace means acting, threatening, or making a statement showing an intent to cause another person injury.

People that Cannot Consent

Under PC 261, someone  is guilty if they have sexual intercourse with a person who cannot consent to have sexual intercourse.

Those listed in this statute as not able to consent include:

  • An unconscious person
  • A person with a mental disorder, and
  • A person who is too intoxicated.

Rape Penalties

In California, rape is convicted as a felony and is punishable by:

  • Detainment in state prison for eight years, or/and
  • A formal probation

A defendant is also likely to face:

  • Additional 3-5 years behind bars if the victim suffered severe body injury during the incident.

The following can also lead to an increase in prison time:

  • If the victim is below 18 years, there may be an additional 11 years in prison
  • If the victim is below 14 years, there may be an additional 13 years in prison.

The defendant will also be registered under the sex offender registration. If the defendant is an immigrant, they will be deported and marked as objectionable.

Statutory Rape

Under PC 261.5, statutory rape happens when a person (regardless of age) has sex with a minor below 18 years. Regardless of whether the minor initiated the sexual intercourse or the sex was consensual, it is still illegal and can lead to a conviction under PC 261.5.

For a person to be convicted for statutory rape, the prosecutor has to beyond reasonable doubt prove these elements of the crime:

  • That there was actual intercourse/ any amount of penetration between the defendant and the alleged victim
  • That both parties were not married at the time the action took place
  • The alleged victim was a young adult under 18 years when the incident happened.

Unlike in rape cases, the defendant does not have to use force to be convicted, or the victim did not consent to sex. Even though the defendant was in a loving and caring relationship with the minor, they can still be convicted because age is the main factor in this case.

For instance, Mike, a 22-year-old college student, gets in a romantic relationship with Mary, a 15-year-old neighbor, and begins having sexual intercourse. Mary’s dad finds out and informs the police. Mike may be convicted with the violation of penal code 261.5 for having sex with Mary, a minor below 18 years.

Age is vital to sentencing; hence the prosecutor has to prove that the minor was actually under 18 years when the intercourse happened.  Under California law, you are a year older at 12:01 am on your birthday.

Can Minors be Convicted for Statutory Rape Cases?

Even if you are a teenanger under 18 years old and had sexual intercourse with another minor under 18 years, you can still be convicted for violating Penal Code 261.5. Although most prosecutors do not prosecute teenagers for having sex with teenagers, that does not mean you can’t be prosecuted.

If both the victim and the defendant are minors, the case will be ruled in the juvenile courts.

Penalties for Statutory Rape

Statutory rape is handled as a wobbler meaning the judge can charge it as a felony or a misdemeanor. Various factors determine the charges the defendant will receive. These factors include:

  • If the defendant is no more than three years older than the victim, they will be charged with a misdemeanor.
  • If the defendant is more than three years older than the victim, they may be charged with a misdemeanor or a felony.
  • Suppose the defendant is 21 and above and the victim is less than 16 years at the time of the intercourse. In that case, they can face a misdemeanor or a felony but are convicted with a felony, the penalties being harsh compared to those of the above situation.

If the last two situations are present in your case, you may face a misdemeanor or a felony charge depending on:

  • Your criminal record
  • The facts of the case

Misdemeanor penalties

You are likely to face these penalties if you are convicted of a misdemeanor for statutory rape:

  • Informal probation
  • One year imprisonment in county jail
  • A maximum fine of $1,000

Felony Penalties

When a person is charged with a felony under PC 261.5, they will probably face the following penalties:

  • Formal probation with the detainment of one year in county jail
  • Sixteen months, two years, or three years in jail. But if the defendant was 21 years and above and the victim was below 16 years, the defendant is likely to face 2,3 or 4 years in prison.
  • Maximum fines of $10,000

Civil Penalties

 A defendant may also face civil penalties in addition to the above punishments. A defendant above 18 years may be forced to pay non-criminal fines on top of the sentencing and paying criminal fines.

Civil penalties depend on the age gap between the alleged victim and the defendant. Some of the civil penalties are:

  • If the defendant is no more than two years older than the alleged victim, they will be charged an additional fine of $2,000
  • If the defendant is at least two years older than the alleged victim, they will be charged an additional $5,000
  • If the defendant is at least three years older than the alleged victim, they will be charged an additional $10,000
  • If the defendant was above 21 years and the alleged victim below 16 years, the defendant might be charged an additional $25,000.

Sexual Battery

Under PC 243.4, sexual battery is sexual assault, which means touching someone else’s private parts against their will for sexual gratification, sexual arousal, or just sexual abuse.

For a person to be convicted for sexual battery, no sexual intercourse or penetration is required. Even if you were in a sexual relationship with the alleged victim, you could still be convicted for sexual battery. The above form of sexual battery is charged as a misdemeanor.

There are also other aggravated forms of sexual battery discussed in PC 234.4. These happen when the above elements/definition is met, and on top of that, the victim is:

  • Forced to masturbate or touch the perpetrator’s sexual parts in any of the following circumstances.
  • Restrained unlawfully, either by another person or by the person committing the crime
  • Unaware of the act’s nature, the perpetrator defrauded them that he was touching them for professional reasons.
  • Institutionalized for medical purposes and is medically incapacitated or disabled.

For example, Mike uses the help of his friend to restrain Mary and forces her to touch his private parts. If reported, Mike may be convicted for aggravated sexual assault.

The legal meaning of the above terms:

Touch

Touching someone else according to misdemeanor sexual assault means making physical contact with the victim’s intimate parts either:

  • Directly
  • Through clothing (could be the defendants clothing or the alleged victim’s clothing)

To touch someone else according to felony sexual assault means to make physical contact with the bare skin of the alleged victim either:

  • Directly
  • Through your clothing

For instance, Mike works in the ward for mentally disabled patients. After his shift, he asks Mary, a mentally disabled patient, to touch his genitals through his clothing, which she does. Mike is likely to be charged with aggravated sexual battery.

In felony sexual assault, the victim’s bare skin must be involved; if the victim only makes contact through their clothes, it is not a felony sexual assault.

Intimate Part

An intimate part includes someone else’s:

  • Sexual organs
  • Groin
  • Anus
  • Buttocks, or
  • A female’s breast

Against another Person’s Will

A person can be convicted for sexual assault in California if they touch another person against their will, meaning the alleged victim did not consent to the act.  To consent, someone must be aware of the nature of the act to which they consent, and act freely and voluntarily.

There are instances when you are likely to be charged with aggravated sexual assault even if the victim consents. Suppose you defrauded the alleged victim and falsely represented that the touching was for professional purposes. Fraud cancels consent; a person can’t consent when they do not understand the nature of the act.

Sexual Abuse

When the accused commits a sexual assault to cause sexual abuse, it means that they intended to humiliate, hurt, injure, or intimidate the victim or cause pain in the victim’s private parts.

Sexual touching with this aim could be sexual battery even if the accused was motivated by the desire to satisfy themself sexually.

Unlawful Restraint

A victim is unlawfully restrained when the accused control their movement freedom by:

  • Authority
  • Acts, or
  • Words

And the restraint must be against the victim’s will. Unlawful restrain requires more than physical force to touch a person sexually.

For instance, Peter, a lecturer, invites Dorothy to an empty classroom and locks the door with a chair. Dorothy tries to walk out, and Peter fondles her buttocks and breast beneath her clothes. Peter restrained Dorothy unlawfully and can be charged with a felony sexual assault. Peter used more than just his physical force; he:

  1. Used his authority as a teacher
  2. Created a private situation by blocking the door
  3. Preyed on Dorothy’s fear which she expressed when she tried to walk out.

Accomplice

If you act as an accomplice, you are also likely to experience the exact charges as the actual defendant. You were an accomplice to a sexual battery if:

  • If you were aware that the actual culprit was acting criminally.
  • Intended to, and did the following:
  1. Take part in a criminal conspiracy (wit joint effort) to commit the sexual assault
  2. Aided, encouraged, promoted, facilitated, or instigated the commission of the sexual battery.

Penalties for Sexual Battery

  1. Misdemeanor Penalties

According to California law, the primary form of California sexual battery is a misdemeanor. However, the crime must only consist of:

  • Touching another person’s intimate parts
  • Against their will
  • For sexual arousal, gratification, or abuse purposes
  • You are likely to face the following penalties if you are convicted of a misdemeanor with no aggravating factors:
  • Six months in county jail
  • Fines of $2,000 and $3,000 if the victim was your employee
  • Informal probation for five years including:
  1. Successful completion of a battery education program
  2. Community service
  3. Successful completion of a program set to help people with compulsion issues or  sexual abuse
  4. Registration as a tier one sex offender for up to 10 years.

  1. Felony Charges

As discussed above, sexual assault on a person who is incapacitated, institutionalized, or disabled, unlawful restraint, and defrauding someone by convincing them that the touching is for professional purposes can lead to a felony charge.

If any of these factors are present, the sexual battery charge becomes a wobbler. Meaning the prosecutor file the case as a misdemeanor or a felony depending on the following:

  • Your criminal history
  • Facts surrounding the case

Even if the aggravating factors are present in your case, you can still be charged with a misdemeanor. If charged with a misdemeanor, you are likely to face the above penalties.

If the prosecutor chooses to charge you with a felony, you are likely to face the following charges:

  • 2, 3, or 4 years in prison. If the alleged victim sustained significant bodily injury, you would face an additional 3 to 5 years in California state prison
  • A fine of $10,000
  • Formal probation
  • Lifetime registration as a tier three sex offender

Common Sexual Crime Defenses

A skilled criminal defense attorney can help you explore different defense paths for a sexual crime charge. Here are the most common defenses:

  • Consent — Since the prosecutor has to prove that the alleged victim did not consent, your attorney can argue that the sexual contact in question did not violate the victim’s will/consent. Proving something with no tangible evidence is complicated and may sometimes be seen as circumstantial, making the prosecution weak.

The victim or defendant’s criminal history can also make consent defense complicated. If you have a past criminal history, especially on sex crimes, 0your defense that consent was given may raise issues. Note that consent defense does not apply if the victim is a minor or has no mental capacity to consent.

  • Pleading Innocent — Your attorney may advise you to plead innocent. To plead innocent, you may be required to prove that you engaged in inappropriate behavior, but it does not warrant the allegations because it does not meet the definitions or elements required for a person to be charged with the crime. Pleading innocent can be challenging, but if you can prove why the victim is accusing you, the defense may work in your favor.
  • Victim Motivation — An experienced lawyer may choose to discredit the victim after looking at the case factors and uncovering situations that obstruct the truth.

For example, the alleged victim may be telling only part of the story to hide their consent. Or, if you are familiar with each other, the alleged victim may be seeking revenge for something unrelated to the crime. Or maybe the accuser has made several allegations against other people in the past that were found to be false. Your accuser may also be acting out of influence from a third party.

Find an Experienced Sex Crime Defense Attorney Near Me

Sex crime charges are severe and require specialized legal help. The consequences of the conviction are wide-reaching and can negatively impact different areas of your life. If you or your family member is facing sex crime charges, it would be best to reach out to an experienced defense attorney for help. The California Criminal Lawyer Group has skilled and dedicated attorneys in Santa Ana ready to fight for your justice. We have defended hundreds if not thousands of clients, and we can do the same for you. Reach out to us today at 714-844-4151 for a free consultation.