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What Are Possible Defenses for a Sex Crime in California?

Posted on in Criminal Defense

San Jose sex crimes defense attorneyCrimes that are sexual in nature are taken very seriously throughout the United States, including here in California. These offenses can include sexual assault, statutory rape and child molestation, child pornography, prostitution, and more. In California, a person who is convicted of a sex crime can face severe consequences, which can affect their personal and professional life. Penalties may include fines, incarceration, and registration as a sex offender depending on the circumstances. In some situations, a person may be falsely accused, and the mere accusation can damage his or her reputation. If you or someone you know is facing sex crime charges, an experienced criminal defense attorney can help defend against these serious allegations.   

How Can Someone Be Wrongfully Accused?

In many cases, sexual crimes can be complicated and difficult to prove. False accusations of sex crimes can be made for a variety of reasons. Some may be made out of revenge or jealousy between a couple who are having relationship problems. For example, a spouse who is caught cheating may claim that he or she did not give consent and accuse his or her lover of sexual assault. 

In contested child custody cases, a parent may even accuse his or ex-spouse of a crime in an attempt to gain an advantage in the proceedings. Uncovering the motive for a wrongful allegation is the key to defending against these kinds of offenses. 

Below are a few examples of potential defense strategies to sexual crimes:

  • The charge is based on a false or exaggerated accusation. 
  • There was no sexual contact.
  • The sexual relations were consensual.
  • There is insufficient evidence to prove a crime was committed.
  • The wrong person was identified as the perpetrator (mistaken identity).
  • There was a reasonable belief that the alleged victim consented to the act. 

A solid defense strategy can help the accused obtain a lesser charge, a reduced sentence, or even have the charges dismissed altogether. 

Contact a San Francisco Criminal Defense Lawyer

Being accused of any sex crime is a serious matter that can result in hefty fines and prison time if convicted in California. If you are facing charges for a sexual offense, you need an aggressive defense team on your side. The Law Offices of Erik Steven Johnson know that a false accusation can ruin your career and reputation. We will fight for your rights to avoid a conviction and a criminal record. To schedule your free consultation, call our skilled Palo Alto sexual assault defense attorneys today at 408-246-3004.

 

Sources:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB145

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB171

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