Posted on March 11, 2017
Sex Crimes Q&A
All sex crime allegations are investigated and prosecuted by an experienced sex crimes prosecutor. Armed with unlimited government resources at their disposal, their goal is to ensure that a defendant later stands convicted. A conviction for a sex charge carries devastating life-time consequences including jail time and having to register as a sex offender for the rest of your life. To ensure your rights are protected, contact our office today to speak with an experienced Orange County sex crimes attorney.
Types of Orange County Sex Charges We Handle
- Rape – Penal Code 261 PC
- Statutory Rape – Penal Code 261.5 PC
- Lewd Acts with a Minor – Penal Code 288 PC
- Child Pornography – Penal Code 311.11 PC
- Sexual Battery – Penal Code 243.4 PC
- Arranging a Meeting with a Minor – Penal Code 288.4 PC
How does a sex crime investigation begin?
A sex crime investigation begins when the purported victim alleges a crime to police. An initial report is drafted outlining the allegation(s) and is then forwarded to a sex crime detective for investigation. Detective’s will question relatives, friends, and colleagues to get a better picture of your background and in search for other purported victims. If the alleged victim reports the incident within a short period of time, they often submit to a rape kit examination for traces of your DNA. Often, the police stage a pretext telephone call where the complaining witness calls you in hopes you make an incriminating admission while being monitored by law enforcement. Lastly, detective’s question the suspect to obtain an admission to bolster their case against you.
What are common legal defenses to sex crimes?
There are several defenses to sex crime allegations. However, a specific defense is ordinarily tailored depending on the facts and circumstances of each case. It is important that an experienced sex crimes lawyer in Orange County recognize a defense early on and tailor their investigation to uncover more evidence to support their defense. But common legal defense examples include consent from the alleged victim, falsely accusing the defendant; you were the product of mistaken identity or the purported victim was subjected to false memory; you lacked the requisite intent or the act was not done for a sexual purpose or gratification; or the incident was done on accident or was the product of misfortune applied to those facing sexual battery accusations.
What is the punishment for a sex crime?
Sex crimes carry devastating personal consequences in addition to lengthy prison sentences. Ordinarily, the court is mandated to impose lifetime sex offender registration, fines, and restitution. Furthermore, certain sex crimes are categorized as strike offenses applied to California’s three strike laws.
Nearly every sex crime carries mandatory sex offender registration for life. Many refer to this requirement as a life sentence in of itself. Consequently, there will be restrictions on where you can work, live, and even carry a curfew requirement. This often causes registered offenders to move from place to place to avoid public persecution. Some sex charges do not require registration – e.g., prostitution, statutory rape, and sexual battery.
Does Retaining Counsel Early Help?
When standing accused of a sex crime, you should avoid speaking with law enforcement at all cost. Explaining your side of the story will only be damaging and could perhaps be misconstrued against you. Therefore, it is advisable that you refrain from speaking with law enforcement or prosecutors and seek legal representation from a sex crimes defense lawyer. Early retention of counsel is crucial to help preserve evidence, question witnesses before their memories fade, and prevent law enforcement from attempting to speak with you. In addition, our office can contact the prosecutor and persuade them not to file formal charges through several strategies that include:
- Illegal gathering of evidence in violation of your search & seizure right
- Exposing police misconduct that calls into question the validity of the evidence
- Revealing motivations to fabricate or witness credibility issues
- Re-Examining Forensic Testing – e.g., DNA
Contact Us to Schedule a Free Consultation
Whether you have been charged with statutory rape, prostitution, child abuse, or other forms of sex charges, contact an experienced Orange County criminal defense attorney at the Law Offices of John D. Rogers who is familiar and frequently handles sex cases. Our office will create an early defense strategy and tailor our representation to achieve the best possible result for your situation. We serve clients all throughout Southern California. Contact us today to schedule your free confidential case evaluation.