The statute of limitations is how long prosecutors can take to file charges against someone who has committed a crime. In most cases, this deadline is based on the date the crime occurred, but it sometimes can be based on when the victim discovered that a crime occurred —in the event of a forgery, for […]
What Can be Used in Court as Physical Evidence of Rape?
Forensic science is best known for solving murders, but forensics can also be used during a rape examination to collect proof that a sexual assault occurred. These examinations reveal evidence, including DNA samples, fiber fragments, fingerprints, and more. But just because the rape kit indicates that sexual intercourse occurred between two people doesn’t always mean […]
Human Trafficking Laws in California: 236.1 (PC)
Human trafficking is the legal name for slavery, but these laws aren’t limited to only involuntary servitude but also include forced sexual encounters. In fact, if you break California’s pimping and pandering laws and the prostitute in question is a minor, you could also be charged with violating human trafficking laws in California under Penal […]
Will a Case Get Dropped if a Victim Refuses to Testify?
Many cases, particularly those involving domestic violence and sexual assault, come down to the alleged victim’s word versus the word of the accuser. Because these charges depend on the accuser’s testimony, courts have to balance the risks of further traumatizing the victim with the rights of the defendant to face their accuser in court and […]
Non-Consensual Condom Removal, AKA “Stealthing,” is Illegal in California
A new law will add the act of “stealthing” to the California civil code, but not the criminal code. Here’s what that means for the victims and the accused party.
San Diego Unlawful Sodomy Attorney
Sodomy is essentially a fancy name for anal sex. While consensual sodomy is legal, when one party does not consent, it is a crime under California Penal Code 286 (PC). The consequences for forceful sodomy or the sodomy of a child are similar to those for forceful oral copulation, rape with a foreign object, and […]
CA Penal Code 289 (PC): Forcible Sexual Penetration With a Foreign Object
In California, forced sex charges aren’t limited to acts involving rape with a penis. They can also include acts of oral copulation by force or fear or an act of non-consensual sexual penetration with an object, including another body part. Forcible penetration with a foreign object is a sex crime under California Penal Code section 289 (PC), and the offense carries serious criminal […]
Oral Copulation Can Be A Crime In Vista and the Rest of California
Oral sex is usually legal in California, but there are instances where the activity can result in an arrest. For the most part, two consenting adults participating in oral sex are totally safe from the law, but when either of the participants is under 18 or forced against their will, a crime may have been […]
What is a Crime Involving Moral Turpitude (CIMT)?
Under both state and federal law, some offenses are considered “crimes of moral turpitude,” meaning they involve serious dishonesty, fraud, or something morally reprehensible. While the term may sound old-fashioned and outdated, it is still very relevant when it comes to the law, as it can result in additional post-conviction consequences. Unfortunately, what crimes fall […]
When is Someone Too Physically or Mentally Incapacitated to Consent?
Under California law, rape doesn’t require the victim to say “no.” Instead, sexual assault occurs whenever a person has sex with someone who does not consent. In some cases, like those involving statutory rape, the other party may not even be able to legally agree to have sexual intercourse—even if they say “yes.” This policy […]
