What Types of Sex Crimes Can Lead to Criminal Charges in California?

The number of different types of sex crimes that lead to criminal charges in California often takes people by surprise. Although some offenses are misdemeanors, many are treated as serious felonies. A conviction for any type of sex crime is likely to change your life permanently. People look at you differently, and the damage to your reputation lasts far longer than the official criminal penalties.

Here, we review commonly-charged sex crimes in California and defense strategies that can be the most effective against these charges. Because of the social stigma attached to sex crimes, it is wise to invest in a vigorous defense as soon as possible.

What Do You Need to Know About Sex Crimes?

Sex crimes are usually considered an offense against an individual person, but some sex crimes are described as crimes against public decency and morals. In certain cases, a sexual act can be treated as a crime against a person even if that person willingly participated because some people do not have the ability to give legally valid consent due to their age or other factors. Other sex crimes involve the use of force, threats, or coercion.

People are falsely accused of sex crimes all the time in California, and the fact that you may be completely innocent of all charges won’t prevent you from being found guilty. You need a strategic approach from the start.

What are Some of the Most Common Sex Crime Charges in California?

Some of the most commonly-charged sex crimes in California are known as “wobblers” because they can be charged as either a misdemeanor or a felony depending on the circumstances.

What Crimes Involve Accusations of Unwanted Contact?

Sexual battery is one of the most frequently charged sex crimes in California because it is a broadly defined offense that covers many different alleged situations. Defined in Section 243.4 of the California Penal Code, it occurs when someone touches the intimate body parts of another person without their legally valid consent.

A person accused of this offense may be found guilty even if the touched body parts were covered by clothing. There may be no physical injury or signs of harm. This charge is frequently levied against juveniles accused of inappropriate sexual conduct and against medical professionals.

What is the Difference Between Rape and Statutory Rape?

Section 261 of the California Penal Code defines rape as an act of sexual intercourse that occurs under specified circumstances that indicate that the act did not have the legal consent of both parties. This includes situations involving:

Use of force, violence, or fear of harm
One party who is incapacitated because they are under the influence of alcohol or drugs
A party who cannot legally consent to sex because of physical or mental disability
False pretenses
Threats of harm to someone else

By contrast, the crime commonly referred to as statutory rape involves sexual intercourse between someone over the age of 18 and someone under 18. This offense is prosecuted as “unlawful sexual intercourse” under Section 261.5 of the California Penal Code. A minor is not considered legally capable of giving consent, so the act automatically becomes a crime.

What Crimes are Related to Prostitution?

Some of the offenses related to prostitution include:

Solicitation – asking or agreeing to give or accept payment for sex
Prostitution – engaging in sexual acts for compensation
Loitering to purchase sex
Solicitation involving minors

Most offenses are misdemeanors unless minors are involved, in which case they become felonies. If human trafficking is involved, the offense is treated very harshly.

When is Pornography Illegal?

Pornographic images become illegal when they involve material depicting minors or material that is shared without the consent of the person in the image. Specifically, Section 647(j)(4)of the Penal Code prohibits sharing intimate images of an adult if the images carried an expectation of privacy when the images were shared with the intent to cause emotional distress. It’s referred to as the “revenge porn” statute, and although it is penalized as a misdemeanor, it also includes the potential for additional civil damages.

Possession of pornographic material depicting minors can be charged as either a felony or misdemeanor under Section 311.11 of the Penal Code. Offenses connected with creating or sharing pornography are serious felonies.

FAQs About Sex Crimes in California

What penalties apply to sex crimes?

Penalties depend on the severity of the offense, aggravating circumstances, the history of prior offenses, the victim’s age, and whether force or violence was used. All sex offenses carry the potential for some jail time and fines, and many convictions require registration as a sex offender. Even when registration is not part of the official penalty, however, the record of a sex offense conviction and even accusations can damage your reputation and make it difficult to hold a job or find housing.

What defenses are effective against charges of sex crimes?

A skilled criminal defense lawyer will analyze every aspect of a case to determine which strategies can be used effectively. Depending on the situation, arguments may include:

Lack of evidence
Challenge to the credibility of witnesses
Presentation of digital or forensic evidence to refute accusations
Use of improper police procedures
Violations of due process or other rights

The defense is tailored to the particular details of the case.

When should I call a lawyer?

Contact a defense attorney as soon as possible because an experienced legal advocate can help prevent you from saying or doing something that inadvertently gives the prosecution evidence against you. In addition, your lawyer can start to collect evidence right away to help exonerate you. Early intervention from your attorney may convince prosecutors that they don’t have enough evidence to pursue the case.

What should I do if I’m under investigation but haven’t been charged?

To protect yourself:

Act as if you’ve been formally charged and contact an attorney
Do not answer questions until you’ve talked to your lawyer
Find out whether court orders are in place against you and be sure you understand how to comply with the terms
Save all communications and other evidence potentially related to the incident
Stay off social media
Don’t talk about the incident with anyone other than your attorney

Early Legal Defense Can Make All the Difference if You’ve Been Accused of a Sex Crime

Accusations of sex crimes tend to lead to assumptions of guilt in most people’s eyes. Early help from an experienced defense attorney can protect you in the court of public opinion as well as in criminal court. Even if you have not been formally charged, a knowledgeable defense attorney can work on your behalf to defend your rights and reputation and to prevent negative consequences.

For a confidential consultation to learn about how the team at Berkowitz Law can protect you if you’re facing allegations involving sex crimes, call us at 510-947-0300 or contact us online now.