At the Shouse Law Group, we know that just being accused of a sex crime is stressful. And a conviction for a sex crime carries serious consequences that can include:
- Time in California state prison or county jail,
- Lifetime California sex offender registration, and
- The loss of important civil rights – including gun rights.
Our lawyers include former cops and district attorneys.
We know from experience that the police arrest people based on
- false accusations,
- mistaken identity, and even
- innocent misunderstandings.
That’s why we fight so hard for our client’s rights.
To help you understand how we fight sex crime charges, our criminal defense attorneys discuss:
- 1. What is considered a sex crime in California?
- 2. What are some common California sex crimes?
- 3. What are the consequences of a sex crime conviction?
- 4. How do you win a sex crime case?
- 5. Legal strategies for defending sex crimes
You may also wish to review some of our recent California legal victories.
In California, a “sex crime” is any misdemeanor or felony of a sexual nature.
1. What is considered a sex crime in California?
In California, a “sex crime” is any misdemeanor or felony of a sexual nature. It includes everything from forcible rape to grabbing your genitals in public to annoy someone.
2. What are some common sex crimes?
Common California sexual offenses we defend include (but are not limited to):
- Child sexual abuse,
- Date rape,
- Failure to register as a sex offender,
- Indecent exposure,
- Lewd acts with a child / child molestation,
- Lewd conduct,
- Oral copulation by force,
- Possession of child pornography,
- Prostitution / solicitation,
- Sexual assault,
- Sexual Battery,
- Soliciting a prostitute, and
- Statutory Rape.
You can find additional sex-related crimes we defend in our A-Z California crimes library or on our listing of California crimes by code section.
3. What are the consequences of a sex crime conviction?
In addition to a jail or prison sentence, a conviction of a California sex crime can require registration on the California Meagan’s Law website – often for life.
There are additional consequences if the conviction is for felony charges. Consequences of a felony conviction include:
- The obligation to disclose the conviction on employment applications,
- Ban on possessing a firearm, and
- Difficulty or inability to get a California conviction expunged
4. How do you win a sex crime case?
Legal defense strategies to California sex crime allegations often include (but are not limited to):
- You were the victim of a false accusation;
- No sexual contact occurred;
- The sex was consensual;
- You had an honest and reasonable belief that the accuser consented;
- There is insufficient evidence; or
- Mistaken eyewitness identification / mistaken identity.
Note that being too intoxicated to know what you were doing is NOT a defense to a California sex crime if your intoxication was voluntary.
Our lawyers offer free consultations so that you can discuss possible defenses with an experienced California sex crimes lawyer.
Consent is a defense to adult sex crime charges. But people cannot legally consent when they are intoxicated.
5. What are the legal strategies for defending sex crimes?
Some sex offender lawyers wait until formal charges have been filed in sex crimes cases. Not us.
We believe sexual misconduct allegations demand early intervention and independent investigation. This aggressive, proactive approach has given us a proven track record in defending our clients.
Strategies we use to defend against sex crime charges include (but are not limited to):
5.1. Negotiation with law enforcement
California law enforcement officers take sex crime accusations seriously. Often they arrest people first and ask questions later.
But sometimes all it takes to get the police to drop a case is for us to present our client’s side of the story.
Example: Our client initiated a conversation with a teenage girl he mistakenly believed was an adult. He was arrested for annoying or molesting a minor under California Penal Code 647.6 PC. But after we presented his side of the story to the police, the detective dropped the case. No charges were ever filed.
5.2. Private investigation
Accusers often misinterpret a situation. Or they mistakenly identify the wrong person. Sometimes they even lie.
We work with some of the best private investigators in California. We investigate
- the crime scene,
- the accuser and
- the witnesses.
If an accuser or a witness is not credible or has a bias, we will uncover it. Or our investigation may turn up conditions – such as lighting or distance from the crime scene — that make eyewitness identification unreliable.
5.3. Private polygraph (lie detector) testing
Polygraph tests – commonly known as “lie detectors” — are not usually admissible in a California criminal trial.
But private polygraph tests can be a useful tool for fighting a California sex crimes case.
If the test shows that our client is telling the truth we show the results to the prosecutor. Often this leads to the prosecutor dropping the case or reducing the charges.
And if the results are unfavorable to our client, we simply keep them private. The prosecution never even knows the test took place.
Private polygraph tests can be a useful tool for fighting a California sex crimes case.
5.4. Pre-trial advocacy and motions
Most California sex crimes cases do not go to trial.[1]
In some cases, the accused pleads guilty in exchange for a more lenient sentence.
But with a proactive defense, we can often successfully bring a motion to suppress evidence. Or we can convince the prosecutor that our client is innocent or the case is too weak to take to trial.
Example: The Los Angeles Police Department investigated our client for sexual battery. We conducted an independent investigation and discovered exonerating evidence. We presented the evidence to the LAPD and the Los Angeles District Attorney. Both the D.A. and the detective in charge rejected the case.
5.5. Plea bargains in sex crimes cases
Prosecutors will often agree to let defendants in sex crime cases plead guilty to a less serious criminal charge. These California “plea bargains” let both the prosecution and the defense avoid the uncertainty and expense of trial.
In many cases, pleading guilty can let the defendant avoid jail time. Or it can keep the defendant from having to register as a sex offender for life.
Example: Our client was charged in Orange County Superior Court of lewd conduct with a 13 year-old. He faced several years in California state prison as well as lifetime registration as a sex offender.
After presenting favorable evidence to the prosecutor, we were able to work out a plea deal. Under the deal, our client pleaded guilty to statutory rape. In return, he received no prison time and was not required to register as a sex offender.
5.6. Fighting a case at trial
Television shows would have us believe that prosecutors only go to trial when the accused is guilty.
But this is simply not true.
As former cops and prosecutors, we know the pressure prosecutors are under. Sometimes they are trying to show the community that they are “doing something.”
And sometimes, they just get it wrong.
Example: The San Diego District Attorney charged our client with indecent exposure. The client had a private indecent exposure conviction and was looking at state prison time.
But he maintained his innocence and we believed him. During the week-long trial, the jury was told of his prior conviction. Nevertheless, after just a few hours of deliberation, they returned a “not guilty” verdict.
5.7. Sentencing mitigation in sex crimes cases
Defendants found guilty of sex crimes in California have the opportunity to present “mitigating factors” during sentencing.
Mitigation allows the judge to impose a more lenient sentence.
Mitigating factors in sex crime cases can include (but are not limited to):
- You mistakenly believed your conduct was legal,
- You have no prior – or only an insignificant – criminal record,
- You voluntarily acknowledged wrongdoing before arrest or at an early stage of the criminal process,
- You made restitution to the alleged victim, and/or
- Your prior performance on probation or parole was satisfactory.
Legal references:
- See California’s Criminal Justice System: A Primer, California Legislative Analyst’s Office (“LAO”), January 17, 2013.