SEX CRIMES

Few criminal offenses carry such a stigma as sex crimes.  Even a baseless accusation or a criminal charge without conviction can result in a negative view towards the accused for the rest of their life, destruction of their personal reputation, loss of employment, and social isolation.  The negative associations sex crimes carry mean it’s critical you speak to a skilled, aggressive Santa Barbara sex crimes defense attorney if you are being investigated for, have been arrested for or are charged with one of these offenses.

CALIFORNIA SEX CRIMES

Sex crimes refer to misdemeanors and felonies of a sexual nature. The category can include overt sexual offenses such as rape or soliciting a prostitute as well as less obvious crime of failing to register as a sex offender.  Also, not all offenses require physical contact with a victim or use of force.

In California, most sex crimes are felonies or “wobblers”–meaning that depending on the facts and your criminal record you may be charged with a misdemeanor or felony.  Commonly charged offenses include:

• Rape
• Statutory rape
• Soliciting a prostitute
• Prostitution
• Indecent exposure
• Lewd conduct
• Lewd act with a child
• Oral copulation by force
• Crimes related to child pornography
• Sexual battery

Outside of murder, no category of offenses receives such harsh punishments as sex crimes. Convictions often carry the potential for lengthy jail or prison terms, fines, mandatory counseling, restraining orders, and community service. However, the longest lasting effect of a conviction may be the requirement you join California’s sex offender registry, updating your information yearly and every time you move. There are three tiers on the registry:

• Tier 1: Registration for at least 10 years
• Tier 2: Registration for at least 20 years
• Tier 3: Registration for life

Failing to update registration can result in another criminal charge that potentially carries up to 3 years in prison depending on your original criminal charge.  In addition to the sex offender registry, individuals convicted of felony sex crimes may lose their gun rights, lose the right to vote, lose the right to serve on a jury, and face challenges with immigration, housing, and employment.

STATUTE OF LIMITATIONS

Many sex crimes go unprosecuted until well after the act occurred. Victims may be embarrassed to come forward or help with an investigation, the identity of an assailant may be unknown, and the victim may not know that what they endured at an offender’s hands was criminal conduct. California enacted laws that allow charges to be filed years after a sex crime occurred; this means past events can be resurrected and your life turned upside down long after you’ve moved forward with your life.

Generally, California imposes a 10–year statute of limitations on a sex crime against an adult victim from the date the crime occurred.  However, a victim under 18 at the time of the offense may have a criminal charge filed by the district attorney at any time until they reach 40 years of age. After this time passes, only two exceptions exist permitting the filing of sex crimes charges:

• After the statute of limitations expires, prosecution may begin up to 1 year after a crime is first reported no matter when it occurred if the victim was under 18 at the time, independent evidence corroborates their allegation, the offense involves substantial sexual contact such as oral copulation, penetration by a foreign object, or masturbation, and there is clear and convincing independent evidence if the victim was over 21 when reporting the crime.
• In certain time frames, when DNA evidence clearly establishes a perpetrator’s identity after the statute of limitations expired.  When this is established, a district attorney has up to 1 year to begin prosecuting a case after DNA identity confirmation.

FEDERAL SEX CRIMES

Even though California passed numerous laws on sex crimes, the federal government sometimes steps in and prosecutes these offenses – usually for crimes crossing state lines (such as online child pornography distribution) or aggravated sex crimes. Commonly prosecuted federal sex crimes include:

• Child sex trafficking
• Child sexual abuse resulting in death
• Prosecution of cases for offenders who have several prior convictions
• Aggravated sexual assault

Because of the secret nature of federal investigations, individuals often don’t know they are the subject of a federal sex crime investigation until the FBI or another agency contacts them to set up an interview.

Conviction of a federal sex crime usually results in serving a “mandatory minimum” sentence. The sentences themselves depend on the crimes and the number of counts you face.  It’s not unusual for defendants to face multiple counts of charges that carry over 10 years in prison each, and this doesn’t take into account long–termresidual consequences like:

• Job loss
• Mandatory registration on the national sex offender registry
• Loss of professional license
• Immigration status complications

DEFENSES AGAINST SEX CRIMES CHARGES

As you can see, sex crime charges are extremely serious and carry the potential to disrupt life as you know it permanently.  If you are charged with a federal or state sex crime, it’s critical to get help from an experienced Santa Barbara sex crimes defense attorney to avoid costly legal missteps and proactively mount the strongest defense possible.  As a former prosecutor, Christy Horowitz understands how cases like yours are prosecuted, and she will provide dedicated representation and compassionate counsel while she fights for the best outcome possible on your behalf.

When fighting a sex crimes charge, there are many defenses an attorney may raise depending on the facts of your case.  They may argue against conviction while negotiating plea bargains and moving for reduced charges or dismissal.  These include:

• False accusation
• No sexual contact took place
• Consensual sex or honest, reasonable belief you received consent from accuser
• Insufficient evidence
• Mistaken identity/identification by eyewitnesses