San Diego SEX CRIMEs LAWYER

Do all Sex Crimes Require Registration on the Sex Offender List?

Fortunately, no. Most sex crimes against minors and forced sex crimes require registration on the Megan’s Law list. However, a few offenses, such as prostitution and lewd acts in public, do not. In some cases involving less serious sex crimes, an attorney may be able to have the charges reduced to a crime that does not require mandatory registration.

Do Juvenile Offenders go on the Sex Crime Registry?

Yes, but not all juvenile sex offenders will be required to register. Those granted probation can avoid mandatory sex offender registration. Those required to register will not appear on the Megan’s Law website until they turn 18. Under California’s new tiered sex offender registry, minors are classified into one of two tiers, which carry a 5 or 10 year registry period. In contrast, adults are grouped into one of three tiers with registration periods of 10 years, 20 years, or life.

The Prosecution has Insufficient Evidence

Many cases come down to the word of the victim versus the word of the defendant, which is rarely enough evidence to convict the accused party. For this reason, police often attempt to coerce a suspect into confessing to a crime, so you should never speak to investigators or the victim without your defense attorney present.

The Encounter Was Consensual

The most common defense against rape charges is that the alleged victim consented to sexual intercourse. By arguing that the victim consented, you agree that sex did occur. By agreeing to this fact, you negate forensic evidence showing you were involved in a sexual encounter with the victim unless it shows force was used —and even then, it’s possible to argue that you engaged in consensual rough sex. Consent is not a defense against sex crimes where the victim is not legally able to consent, such as when the victim is under 18, too drunk to consent, unconscious, or mentally incompetent. Always speak to your San Diego criminal defense before speaking with any law enforcement agents so you do not say something that will hurt your criminal defense.

No Sex Actually Occurred

If a victim claims they were raped, but you didn’t have intercourse with them, you need to be clear about this. This defense can be particularly successful if the victim was raped while unconscious —just because they remembered being with you before passing out or someone saw you with the victim does not mean you had sex with them. Again, this is not a defense in all cases, as some sex crimes, such as child molestation, are still illegal even if no sex occurred. Additionally, oral copulation, anal penetration, and even penetration with a foreign object are still forms of sexual assault when performed without consent, so be cautious with this defense.

You’re the Victim of Mistaken Identity

Going along with the idea that no sex occurred is the concept of mistaken identities. Just because someone claims you were the one that raped them or that they saw you raping someone else does not mean you had anything to do with the incident. Eyewitness testimony is unreliable, and people are often subject to mistaken identity problems.

The Accuser has an Ulterior Motive

If you claim that no sex occurred or it was consensual, but the victim claims you violated them, your attorney might recommend questioning the alleged victim’s motivation for making the accusation. Could the supposed victim benefit financially from the allegations? Were you in an emotional breakup with the alleged victim? Is the alleged victim possibly trying to protect their reputation by claiming rape rather than admitting to consensual sex?

Any of these motives could bring the accuser’s testimony into question. Never attempt this defense without first speaking to your San Diego sex crimes attorney, as accusing someone of having ulterior motives can backfire in some cases, making you look more guilty.

The Evidence has Been Tainted

This concept primarily applies to child rape and molestation cases. Essentially, taint occurs when a child is subjected to leading and suggestive interviews by parents, teachers, police officers, or therapists. Children often want to please adults and answer affirmatively to questions even when the answer is “no.” Additionally, while it is possible to implant false memories into anyone’s mind, children are highly susceptible to the power of suggestion.

Between their desire to please and their subjectivity to the implantation of false memories, it’s easy for a question like “Did your teacher touch you there?” to not only result in a “yes” answer when the opposite is true but to actually create a memory in the child’s mind that isn’t real.

Unfortunately, many people asking children such questions aren’t aware of this problem, so they can plant deep, dark memories in the child’s mind that would not otherwise be there, possibly leaving innocent people behind bars.

Investigators Improperly Collected Evidence

Evidence collected from the sexual abuse victim of a rape and at the scene of the crime must be taken in a very precise manner and moved from one location to another using a strict chain of command. If the evidence is improperly collected or unaccounted for at any point, it becomes tainted and is inadmissible in court. Even if tainted evidence shows you had sex with the victim, this cannot be used against you.

You’re Guilty of a Lesser Offense

In many cases, your lawyer may argue that you committed an offense less serious than the one you are accused of to avoid more severe penalties. This tactic is commonly used in negotiating plea bargains.