The leading California sex crimes defense lawyers at Dudek Cintean are dedicated to providing the highest quality legal representation to criminal defendants in Alameda County and the rest of the bay area. We strive to protect your rights and help you obtain the best possible outcome in your case.
Sex crimes refer to offenses that involve conduct of a sexual nature. Sex crimes generally require intent to cause another person to engage in unwanted sexual conduct, either by force or threat. Where the person is underage, it is not necessary to prove intent because the conduct is statutorily prohibited and therefore illegal; “consent” is not a defense. Sex crimes describe a wide range of activity, from unwelcome sexual comments to sexual assault, molestation to rape. Some states have replaced the term “rape” with “sexual assault” to cover more specific types of sexual victimization and various levels of coercion. Sexual assault takes many forms, including attacks, attempted rape, and any unwanted sexual contact or threats. Typically, sexual assault occurs when someone touches any part of another person’s body without the person’s consent. Examples of sex crimes include:
- Oral copulation
- Indecent exposure or contact
- Child molestation
- Child pornography
- Sexual abuse of a child
- Lewd or lascivious acts with a child
- Spousal rape
- Statutory Rape
- Sexual battery
- Aggravated sexual assault
- Prostitution, pimping, and pandering
Sexual abuse has devastating effects on the victim. False accusations of such conduct can also destroy the life of an innocent individual. Because sex crimes are some of the most feared and heinous offenses, juries are sometimes eager to convict the accused, even when there are serious doubts as to the veracity of witnesses and the strength of the evidence. Overzealous prosecutors may also elicit false allegations from children or base their case on “recovered memories” of repressed, traumatic events. Several highly-publicized child sexual abuse cases revealed the aggressive tactics used by prosecutors to elicit false accusations from parents and children. These cases resulted in numerous overturned convictions because there was no substantive evidence of sexual abuse. An experienced criminal defense attorney knows hot to undermine the credibility of witnesses and protect you from the devastating effects of false testimony.
California’s sexual offense statutes are codified in the California Penal Code. Section 261 defines rape as unlawful sexual intercourse with a minor. The crime can be a misdemeanor or felony if the offender is at least 21 and the victim is under 16 years of age. The crime is punishable by imprisonment in state prison for up to four years. According to Section 264, rape involving a minor under the age of 14 is punishable by a term of up to 13 years. Aggravated sexual assault of a child carries a sentence of 15 years to life. The Penal Code likewise prohibits “unlawful sexual intercourse, sexual penetration, oral copulation, or sodomy” where “consent is procured by false or fraudulent representation with intent to create fear.” California criminal law requires people convicted of a misdemeanor or felony sex offense to register as sex offenders. Sexually violent predators who reside in a state mental health facility and are undergoing treatment must also register. Registered sex offenders are also required to provide authorities with a DNA sample or face a separate criminal charge punishable by either a fine or a one-year jail sentence.
If you have been charged with a sex crime, the experienced California sex crime defense lawyers at Dudek Cintean can help. For years, we have provided caring and compassionate representation to individuals throughout the bay area. In sensitive cases involving alleged sexual misconduct, having the right attorney can mean defending your freedom and protecting your life. Our law firm is dedicated to providing you with the highest quality legal representation and achieving the best possible outcome in your case. Call (415) 946-4020 for a consultation or contact us online.