In what situations is it necessary to seek the advice of lawyers specialized in sexual assault?
Current laws in California strongly condemn all forms of sexual assault due to the serious harm they pose to the physical and psychological integrity of victims. It is important to highlight that the most extreme sexual actions, such as rape, carry very severe penalties, while other crimes of a sexual nature, such as prostitution and other similar acts, may carry less serious penalties, depending on the particular circumstances.
In the state of California, serious sexual crimes cover a series of behaviors, such as sexual acts and sexual contacts with minors under 18 years of age, sexual rape, physical assaults related to sexual acts, among others. The California criminal code sanctions a wide range of sexual crimes that are considered immoral, since they undermine healthy social coexistence and cause serious psychological and physical harm to victims of assault, even separating families.
Under California law, sexual crimes also encompass indecent exposure, prostitution, sexual rape in the context of companionship, pornography, sodomy and other similar acts.
Penalties for the Crime of Sexual Assault in California
It is important to highlight 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 crime of lesser or greater severity, based on a careful analysis of the case.
The penalties for misdemeanor sexual assault in California include:
- A period of imprisonment not exceeding six months.
- A fine ranging between $2,000 and $3,000.
- 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 felony sexual assault in California are as follows:
- Probation in cases of serious sexual crimes.
- 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 prove that the victim consented to the sexual acts in question, that is, that she agreed with 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 gave consent, the judge could dismiss the case and acquit the defendant.
- Insufficient evidence: It should be noted that a person is considered guilty only when the prosecutor demonstrates that he or she has complied with all the elements of the crime of sexual assault or other sexual crimes. Prosecutors investigating sexual assault cases must prove that victims were subjected to force, believed physical contact was necessary for medical reasons, were coerced to masturbate or touch the attacker's private parts, among other circumstances.
- False accusations: Alleged victims of sexual assault may sometimes make false accusations for reasons such as jealousy, hatred, or revenge. For this reason, it is vitally important to have a defense attorney who can prove to the court that the accused person 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 crimes of a sexual nature, such as child sexual assault, rape, prostitution, lewd acts, among others.
It is essential to keep in mind that the commission of a sexual crime carries serious consequences, ranging from severe prison sentences to considerable fines and inadmissibility for immigration benefits.
What is considered sexual assault?
The concept and classification of sexual assault can vary from state to state. According to the Center for Disease Prevention (CDC), sexual violence encompasses the following behaviors and actions:
- Committing a sexual act against a person's will using force, violence, threats, coercion, or fear of immediate injury or physical harm.
- Rape or attempted rape, which may include vaginal, anal, or oral acts and may involve the use of a body part or object.
- Forcing a victim to penetrate the attacker or another person, whether by completing the act or attempting to do so.
- Subjecting a person to social pressure to achieve penetration, such as threatening to end a relationship, spreading rumors about the victim, or abusing a position of authority.
- Any unwanted sexual contact, which includes touching the victim's private parts, whether on bare skin or through clothing.
- Making the victim touch another person or the attacker themselves through the use of force or intimidation.
- Sexual harassment or any unwanted sexual experience that does not involve physical contact, including verbal abuse or sharing unwanted pornography.
- When acts of sexual violence occur because the victim is not in a position to give consent, which usually happens when they are under the influence of alcohol or drugs, whether voluntarily or involuntarily.
How Can a Sexual Assault Lawyer Help?
Facing a sexual assault accusation is an extremely delicate situation that requires particular attention to reach a fair resolution. Unfortunately, in many cases, people are falsely accused of sexual crimes. For these circumstances, there are various legal strategies that can help you prove your innocence and, in this way, overcome this complex situation. These legal defenses include arguing and proving the following:
- That the person presenting himself as a victim has made a false accusation (which is a situation often found in rape cases in California).
- That the defendant acted based on the honest and reasonable belief that the other person consented to the sexual activity.
- That the evidence presented is insufficient to support the accusations.
What does sexual assault mean as a Misdemeanor?
In the state of California, sexual assault is considered when someone has contact with another person's private parts for the purpose of sexual gratification or arousal without the victim's consent. This act is classified as a misdemeanor, as it does not involve penetration or violent intent towards the other person. If a prosecutor is able to prove that non-consensual sexual contact with someone's private parts did occur, the defendant could face misdemeanor sexual assault charges and be subject to the following penalties:
- Probation with a duration of up to 5 years.
- A prison sentence not exceeding 6 months.
- Fines that can reach $3,000 dollars.
- Registration as a sex offender for a period of up to 10 years.
What is sexual assault as a serious crime?
When a sexual assault is committed against a person who is in a state of medical incapacity, is unconscious regarding the nature of the sexual act, or has been deceived due to abuse of power by the alleged aggressor, it is considered a sexual assault. aggravated. Likewise, if a rape is carried out through the use of force, the accused faces charges of felony sexual assault.
The sanctions and penalties that a person convicted of a sexual assault classified as a serious crime may receive can be extremely severe and have a significant impact on the life of the accused. Some of these sanctions could include:
- Conditional, formal and long-term release.
- Sentenced to prison with sentences of 2, 4 or 6 years.
- Fines that amount to up to $10,000 dollars.
- Permanent registration as a sex offender.
Facing sexual assault charges, whether as a misdemeanor or felony, can have profound repercussions on a person's life. If you find yourself in this situation, it is imperative to have the representation of an attorney with experience in the matter.
What is super aggravated sexual assault?
Each act of sexual assault is configured as a crime in itself. However, there are circumstances that, when applied to a particular sexual assault, elevate it to the category of "super aggravated sexual assault." These circumstances include:
- When sexual assault is committed against a minor, especially those under 6 years of age, which is considered an aggravating circumstance.
- In cases where a person has a previous history of sexual assault against minors and repeats his behavior, which may result in a conviction for super aggravated sexual assault.
- If it is proven that there has been a continuous sexual assault against a minor, which implies that the acts have been repeated on at least two or more occasions in a 30-day period.
Super aggravated sexual assaults are characterized by involving one or more of the following acts:
- Carrying out indecent or lascivious acts to the detriment of the minor.
- The prior commission of sexual assault or aggravated sexual assault.
- The kidnapping of a minor with the intention of perpetrating sexual abuse.
- Unlawful entry onto property for the purpose of carrying out a sexual crime.
