Frequently Asked Questions About Sex Crime CHARGEs

The victim didn’t fight back, so I didn’t do anything wrong, right?

This is a common misconception. But the reality is that if a victim didn’t consent, then sexual assault occurred, even if he or she did not resist at all.

Is there a difference between sexual assault and rape?

Yes. While some states have replaced the word “rape” with “sexual assault” in their law books, California considers the two terms to be distinct. In California, sexual assault is an umbrella term for a type of crime that involves the unwanted touching of another person in their breasts, genitals, anus, groin or buttocks. Rape, forced oral copulation and illegal sodomy are all different types of sexual assault that involve physical penetration. Sexual battery and forcible penetration with a foreign object are also commonly charged forms of sexual assault.

What should I do when someone has accused me of a sex crime?

First, try to remain calm. While these accusations can be very upsetting, you need to act rationally. Remind yourself that it is possible to fight these charges and they don’t have to ruin your reputation. Next, call a lawyer as soon as possible and schedule a consultation. Before your appointment:

• Write down everything you can remember about the incident in question
• Create a list of potential witnesses, including their contact information
• Collect all physical evidence you may have, which may include clothing, videos, photos and/or objects and store any physical evidence in plastic bags
• Put together all documents or other records you may have that may relate to the charges, including emails, phone records, texts and other communications between you and the alleged victim or any proof that could back up your alibi such as GPS records, geotagged photos, event tickets, etc.

The only evidence against me is the alleged victim’s word. Is that really enough to convict me?

Yes. While there is plenty of physical evidence that can be used in a rape case, many cases come down to nothing more than one person’s story vs. another. This is why what you say can make or break a case. If you lie about an alibi or not knowing the victim and the prosecution can prove it, this may weaken your case. Never speak to the police without your attorney present as this is likely to result in you saying something that can be used against you. In fact, the police often trick suspects into confessing by lying about evidence.

Can I still face child porn charges if I thought I was viewing material that depicted adults?

You may still be arrested and charged, but not knowing the age of the people depicted is a valid defense. In order to be convicted, the prosecutor must prove that you knew the person in the video or photos was under 18. If the person depicted looks particularly young though or a website advertised the people in the content as being under 18, this might be a difficult defense, which is why you should always talk to your lawyer before speaking with police.

I’m a minor, how can I possibly be accused of child pornography?

Sadly, the laws designed to protect children from exploitation have also been used against minors who have taken naked photos or videos of themselves or their girlfriends or boyfriends as well as minors who have been sent naked photos or videos of other teens.

While it’s reasonable to question the rationale behind arresting a teen for making or receiving a picture or video of another teen who consented to the act, the fact is that this is still a crime. If you try to defend yourself by saying it’s just your girlfriend or boyfriend, this can be used as a confession. These are serious charges and if you are a minor who has been accused of possession or creation of child pornography, it is critical you speak with a juvenile defense lawyer as soon as possible

If I thought the victim was 18, is that a valid defense against child molestation charges?

No. Unlike statutory rape charges or child pornography, it does not matter how old you believed the victim to be. It only matters how old he or she actually is. This is why you should not talk to police or even the victim unless you have your attorney present or what you say could harm your case.

I never touched the child’s bare skin or their genitals, so how can I be charged with child molestation?

It doesn’t actually matter what part of the child’s body you touched or what clothes he or she was wearing, if you touched a child with the intent of causing sexual arousal or gratification to you or the child, it is considered child molestation. In fact, even if you only had the minor touch themselves or only touch you, but you never even touched them, you have still violated the law. If you believe there has been a misunderstanding of an innocent situation, communicate this fact to your attorney before speaking with the police.

I’ve been accused of statutory rape, but the person I had sex with told me they were 18. What do I do?

Call a lawyer as soon as possible and do not speak with the police, prosecutor or alleged victim without your attorney present. If you legitimately believed the person was over 18, this is a defense, but this defense is a lot stronger if you met somewhere like a bar than at a playground. If the victim looks particularly young, this defense may not be as strong.

Do juvenile offenders still end up on the sex crime registry?

Yes, but not all juvenile sex offenders will be required to register. Those who are granted probation for the offense will be able to avoid mandatory sex offender registration. Those who are required to register will not appear on the public Megan’s Law website until after they turn 18. Under California’s new tiered sex offender registry, minors will be classified into one of two tiers, which carry a 5 or 10 year registry period, whereas adults will be put into one of three tiers that carry a registration period of 10 years, 20 years or life.