Our firm has successfully handled Sex Crimes cases in both Federal and State Court, and we can help you.
Sex Crimes
Things You Should Do If You Are Accused of a Sex Crime
Megan’s Law
Child Molestation
Rape
Statutory Rape
Child Pornography
Internet Crimes
Things You Should Do If You Are Accused of a Sex Crime
There are few crimes for which a person can be accused that have more severe consequences than sex crimes, which require an experienced sex crimes attorney to help the accused face these serious charges.
Among the most common sex crimes are rape, child molestation, prostitution, solicitation of prostitution, child pornography, indecent exposure and statutory rape. Beyond the threat of jail time, a conviction for these type of offenses often lead to consequences far beyond any criminal penalties, and any person accused of these type of crimes requires an experienced sex crimes lawyer who can help the accused overcome or minimize these types of charges.
Megan’s Law
One of the most widely known consequences of conviction of a sex crime is registration on the Megan’s Law website, which provides pictures and home addresses of persons convicted of certain types of crimes. If convicted of specific sex crimes, a person must register with their local law enforcement agency and provide updates of the person’s address as often as every thirty days, depending on the nature of the crime and the convict’s housing history. The website includes the person’s name, home address, and a photo and the charge for which the person was convicted. This information is available to the general public: friends, family, neighbors and potential employers can easily learn about a person’s conviction of a sex crimes.
However, not every person convicted of a sex crime is required to register on the Megan’s Law website; according to the Department of Justice, 25% of all sex offenders are specifically excluded from appearing on the Megan’s Law website depending on the particular crime for which the person was convicted. An experienced sex crimes attorney can help the accused avoid the severe consequences of a conviction by negotiating with the district attorney to plead to a lesser offense that does not require registration on the Megan’s Law website.
Child Molestation
In California, it is not only those who are accused of crimes that often require the help of a knowledgeable child molestation lawyer. California has mandatory reporting requirements for persons who are employed in several different fields, and failure to report evidence that a child is the victim of abuse is a punishable offense. Beyond the obvious fields such as health care practitioners (doctors, nurses) and educators, there are many other people who are required by law to report any evidence that a child may have been molested. If a person suspects that a child has been molested, an experienced child molestation attorney may help the person determine both whether reporting the evidence is legally required and how to best proceed reporting the evidence to the proper authorities.
The same laws apply for laws regarding general child abuse, although here a person who is a mandatory reporter may face even greater questions regarding suspected abuse. What may be considered abuse by some may not be considered abuse by law. A child abuse lawyer can give accurate guidance regarding whether particular acts constitute reportable abuse. Therefore any person who has questions regarding their proper role in reporting should consult a child abuse attorney to learn under which circumstances one must report suspected child abuse.
Rape
In order to prove a rape charge in California, a prosecutor has to prove several basic elements of the crime. The prosecution must show that the defendant engaged in sexual intercourse with another person (to whom the defendant is not married), that the intercourse was against that person’s will, and that it was done through one of several means, such as force, violence, duress, fraud or fear of retaliation. This allows prosecutors a wide range of ways to prove that a person has committed rape; therefore, any person charged with rape should consult an experienced rape attorney in order to combat the charges. An experience rape lawyer can find the weaknesses in the prosecution’s case and help disprove the necessary elements of the crime.
Statutory Rape
Among the various sex crimes, statutory rape is one of the most widely known and widely feared among client. It is a ‘strict liability’ crime, meaning that prosecutors do not need to show that the defendant knew that the other person was under the age of consent. The prosecutors need only show that the defendant had sex with someone under the age of consent. This does not mean that it is impossible to fight charges of statutory rape, though. There are defenses to any charge that a statutory rape attorney can use for anyone charged with the crime.
Child Pornography
Both California and Federal law define child pornography broadly, giving prosecutors a wide range of conduct that may require an accused to seek the help of a child pornography attorney. Child pornography is anything that depicts a child engaging in or even simulating sexual conduct, and a person can be convicted of crimes involving child pornography by producing, distributing, possessing or even advertising child pornography. Prosecutors must prove different elements of the crime based on a child pornography charge – to be convicted of distributing child pornography, the material must be obscene, but there is no such obscenity requirement for possessing child pornography – so the advice of a child pornography lawyer may be necessary for anyone who is either charged with a crime or wants to ensure that materials either produced or distributed is compliant with state and federal laws.
This is particularly the case in Los Angeles, the center of the adult film industry. Any person involved in the production of adult material, no matter how distributed, should consult a pornography attorney who can guide them through the legal requirements so that the materials produced comply with the laws. Considering the harsh penalties and vigorous prosecution for violations of child pornography laws, producers should enlist the advice of a pornography lawyer even if they feel confident that their production remains within the bounds of the law.
Internet Crimes
Since criminal laws often take some time to catch up to societal developments, laws on internet crime are often unclear and can lead to serious consequences where none were originally intended. One need only look at laws regarding ‘sexting’ or cases such as the Phoebe Prince case, in which harassing Facebook postings were the basis of criminal charges as a result of the Massachusetts teenager’s suicide.
Any internet crime attorney will attest that this area of the law is fraught with often hasty judicial and prosecutorial decisions, and the consequences of a conviction for such acts as sexting often far exceed what one would expect. However, novel areas of the law are often grounds for novel defenses, and an experienced internet crime lawyer should be able to mount an effective one when a defendant faces charges because of online activity.
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