In what situations is it necessary to seek the advice of lawyers specializing in sexual assault?
Current laws in California strongly condemn all forms of sexual assault due to the serious harm they cause to the victims' physical and psychological well-being. It is important to note that the most extreme sexual acts, such as rape, carry very severe penalties, while other sexual offenses, such as prostitution and other similar acts, may carry less severe penalties, depending on the specific circumstances.
In the state of California, serious sexual offenses encompass a range of behaviors, including sexual acts and sexual contact with minors under the age of 18, rape, and physical assault related to sexual acts, among others. The California Penal Code penalizes a wide range of sexual offenses that are considered immoral, as they undermine healthy social coexistence and cause serious psychological and physical harm to the victims of the assaults, even tearing families apart.
Under California law, sex crimes also include indecent exposure, prostitution, rape in an escorted setting, pornography, sodomy, and other similar acts.
Penalties for the Crime of Sexual Assault in California
It is important to emphasize that, in the case of sexual assault, there are a variety of circumstances that allow the judge to determine whether the accused has committed a lesser or more serious crime, based on a careful analysis of the case.
Penalties for misdemeanor sexual assault in California include:
- A prison term not exceeding six months.
- A fine ranging from $2,000 to $3,000 dollars.
- The obligation to register as a sex offender for a period of 10 years.
- The possibility of parole.
On the other hand, the penalties for a felony sexual assault in California are as follows:
- Probation in cases of serious sexual offenses.
- A period of imprisonment of 2, 3 or 4 years.
- Payment of a fine amounting to ten thousand dollars.
- Continued registration as a sex offender for life.
California law generally only allows the following legal defenses to the crime of sexual assault:
- Consent: A strong defense strategy in sexual assault cases is to demonstrate that the victim consented to the sexual acts in question—that they agreed to the defendant's actions. Prosecutors must prove that victims of sexual harassment or assault did not consent to the defendant's actions. If defense attorneys present strong evidence and testimony supporting the idea that the victim consented, the judge could dismiss the case and acquit the defendant.
- Insufficient Evidence: It's important to note that a person is only considered guilty when the prosecutor demonstrates that they have met all the elements of sexual assault or other sexual offenses. Prosecutors investigating sexual assault cases must prove that the victims were subjected to force, believed the physical contact was medically necessary, were coerced into masturbation or touching the assailant's private parts, among other circumstances.
- False accusations: Alleged victims of sexual assault may sometimes make false accusations out of motives such as jealousy, hatred, or revenge. For this reason, it is vitally important to have a defense attorney who can prove in court that the accused is innocent and deserves to be acquitted.
If you are experiencing sexual harassment, do not hesitate to contact our law firm for personalized legal advice. We are also available to help you or a family member face criminal charges related to sexual offenses, such as child sexual assault, rape, prostitution, lewd acts, and others.
It is essential to keep in mind that committing a sexual offense carries serious consequences, ranging from severe prison sentences to substantial fines and inadmissibility for immigration benefits.