Beverly Hills Sex Crimes Lawyer
Getting charged with a sex crime threatens your freedom, your reputation, and your rights. These are some of the most frightening and embarrassing charges a person can face. Even misdemeanor sex crimes come with severe, life-changing penalties.
The stigma is so harsh that most people would rather plead guilty to anything than plead guilty to a sex crime. If you’ve been charged with a sex crime it’s important to get help right away.
Penalties for Sex Crimes
Misdemeanor sex crime convictions can result in:
• Jail time (up to 6 months).
• Fines (up to $1000).
• Being required to register as a sex offender (for at least ten years).
• Being banned from certain careers.
• Being required to disclose the conviction on all future employment forms.
Felony sex crime convictions can result in:
• Prison time
• Fines.
• Being required to register as a sex offender.
• Losing the right to own a firearm.
• Losing your right to vote.
• Losing your ability to serve in the armed forces.
• Losing your ability to hold any kind of public office.
The amount of jail time, fines, and registration time depend on the nature of the crime.
Types of Felony Sex Crimes
Sexual battery – The unwanted touching of a victim’s intimate parts while the victim is unconscious or restrained. You can also be accused of sexual battery if you touched the victim under a pretense that the touch was required for professional reasons. And you could commit this crime if you touch the intimate parts of a person who is disabled or medically incapacitated. The purpose of the touches must be sexual arousal, sexual gratification, or sexual abuse. If convicted, you could be sent to the county jail for up to 1 to 4 years, or face up to $10,000 in fines. The consequences grow more severe if the victim was your employee.
Rape – Engaging in sexual intercourse with someone who was unwilling or unable to consent through the use of physical force, violence, duress, menace, or fraud. Engaging in sex with someone who is under the influence of an intoxicating or anesthetic substance is also considered rape. Having sex with an unconscious victim is also considered rape. Rape can be punished by up to 14 years in prison.
Prostitution and child pornography are also considered sex crimes. We discuss those in detail elsewhere on the site.
Defending Your Case
The most common defenses for a sex crimes case are:
• False identification: someone did the crime, but it wasn’t you.
• You had reason to believe the sex was legal or consensual, and any reasonable person would believe the same.
• You’re being falsely accused by a partner who consented to sex at the time.
Police in Beverly Hills are quick to arrest whenever they think they’re dealing with a sex offender. This means mistakes get made and cases don’t get investigated like they should. Sometimes they move forward without physical evidence, or with few witnesses. It’s our job to find the holes in their case and to turn them to your advantage so we can protect your freedom.
It’s possible to commit a sex crime without knowing it.
There are a lot of misconceptions about sex crimes. People sometimes believe they have consent to have sex but not to the degree that a reasonable person would also believe it. For example:
• We were dating/married. Neither imply or create any kind of consent.
• She was using birth control. Women use birth control for a variety of reasons, including the management of medical conditions. And a willingness to have sex with someone does not imply a willingness to have sex with the individual in question.
• He or she didn’t resist. That doesn’t imply consent. When a victim doesn’t resist it’s usually because he or she is afraid of you.
There are also two common scenarios which can be very dangerous.
The first is the teenage boyfriend and girlfriend who were dating until one of them turned eighteen. Dating a younger person is legal, having sex isn’t. The other person could be 17 years and 364 days old and you could still be convicted of statutory rape. When there’s less than a 3-year gap between parties this is a misdemeanor sex crime. It’s better to wait until both parties reach the age of majority.
The other scenario involves alcohol, the original “date rape” drug. If you’re intoxicated you are far more prone to misinterpreting the situation. An intoxicated partner may give consent and forget about giving it the morning after. And it’s impossible to give meaningful consent while impaired. If you suspect you or your partner are impaired you should wait until you’re both sober before pursuing any sexual activities.
For consent to be consent it must be:
• Unambiguous. The party clearly states he or she wants to or is willing to have sex with you.
• Meaningful. Children can’t give meaningful consent. Nor can intoxicated people. Or mentally impaired people.
• Enthusiastic. It’s hard to misinterpret enthusiastic consent. Your partner’s lack of resistance or active participation might tell you that you aren’t meeting these criteria.
Many people who get charged with sex crimes are charged because they misinterpreted the situation.
Remain silent and call a lawyer.
You may be tempted to declare your innocence the moment you’re accused. But you can damage your case that way. For example, protesting that you thought you had consent can serve as an admission that the sex act happened. Or attempting to prove mistaken identification on your own by providing an alibi may, in fact, place you near the scene of a crime.
If you’re arrested, invoke your right to remain silent, then do so. Invoke your right to a lawyer, then call one. And don’t say or do anything until the lawyer gets to you.
If you suspect you’re under investigation, retain a lawyer before the arrest, if possible.
Our Beverly Hills team will treat you with respect while mounting a vigorous defense on your behalf. We offer free consultations and are happy to help.
Beverly Hills Sex Crimes Lawyer
Getting charged with a sex crime threatens your freedom, your reputation, and your rights. These are some of the most frightening and embarrassing charges a person can face. Even misdemeanor sex crimes come with severe, life-changing penalties.
The stigma is so harsh that most people would rather plead guilty to anything than plead guilty to a sex crime. If you’ve been charged with a sex crime it’s important to get help right away.
Penalties for Sex Crimes
Misdemeanor sex crime convictions can result in:
• Jail time (up to 6 months).
• Fines (up to $1000).
• Being required to register as a sex offender (for at least ten years).
• Being banned from certain careers.
• Being required to disclose the conviction on all future employment forms.
Felony sex crime convictions can result in:
• Prison time
• Fines.
• Being required to register as a sex offender.
• Losing the right to own a firearm.
• Losing your right to vote.
• Losing your ability to serve in the armed forces.
• Losing your ability to hold any kind of public office.
The amount of jail time, fines, and registration time depend on the nature of the crime.
Types of Felony Sex Crimes
Sexual battery – The unwanted touching of a victim’s intimate parts while the victim is unconscious or restrained. You can also be accused of sexual battery if you touched the victim under a pretense that the touch was required for professional reasons. And you could commit this crime if you touch the intimate parts of a person who is disabled or medically incapacitated. The purpose of the touches must be sexual arousal, sexual gratification, or sexual abuse. If convicted, you could be sent to the county jail for up to 1 to 4 years, or face up to $10,000 in fines. The consequences grow more severe if the victim was your employee.
Rape – Engaging in sexual intercourse with someone who was unwilling or unable to consent through the use of physical force, violence, duress, menace, or fraud. Engaging in sex with someone who is under the influence of an intoxicating or anesthetic substance is also considered rape. Having sex with an unconscious victim is also considered rape. Rape can be punished by up to 14 years in prison.
Prostitution and child pornography are also considered sex crimes. We discuss those in detail elsewhere on the site.
Defending Your Case
The most common defenses for a sex crimes case are:
• False identification: someone did the crime, but it wasn’t you.
• You had reason to believe the sex was legal or consensual, and any reasonable person would believe the same.
• You’re being falsely accused by a partner who consented to sex at the time.
Police in Beverly Hills are quick to arrest whenever they think they’re dealing with a sex offender. This means mistakes get made and cases don’t get investigated like they should. Sometimes they move forward without physical evidence, or with few witnesses. It’s our job to find the holes in their case and to turn them to your advantage so we can protect your freedom.
It’s possible to commit a sex crime without knowing it.
There are a lot of misconceptions about sex crimes. People sometimes believe they have consent to have sex but not to the degree that a reasonable person would also believe it. For example:
• We were dating/married. Neither imply or create any kind of consent.
• She was using birth control. Women use birth control for a variety of reasons, including the management of medical conditions. And a willingness to have sex with someone does not imply a willingness to have sex with the individual in question.
• He or she didn’t resist. That doesn’t imply consent. When a victim doesn’t resist it’s usually because he or she is afraid of you.
There are also two common scenarios which can be very dangerous.
The first is the teenage boyfriend and girlfriend who were dating until one of them turned eighteen. Dating a younger person is legal, having sex isn’t. The other person could be 17 years and 364 days old and you could still be convicted of statutory rape. When there’s less than a 3-year gap between parties this is a misdemeanor sex crime. It’s better to wait until both parties reach the age of majority.
The other scenario involves alcohol, the original “date rape” drug. If you’re intoxicated you are far more prone to misinterpreting the situation. An intoxicated partner may give consent and forget about giving it the morning after. And it’s impossible to give meaningful consent while impaired. If you suspect you or your partner are impaired you should wait until you’re both sober before pursuing any sexual activities.
For consent to be consent it must be:
• Unambiguous. The party clearly states he or she wants to or is willing to have sex with you.
• Meaningful. Children can’t give meaningful consent. Nor can intoxicated people. Or mentally impaired people.
• Enthusiastic. It’s hard to misinterpret enthusiastic consent. Your partner’s lack of resistance or active participation might tell you that you aren’t meeting these criteria.
Many people who get charged with sex crimes are charged because they misinterpreted the situation.
Remain silent and call a lawyer.
You may be tempted to declare your innocence the moment you’re accused. But you can damage your case that way. For example, protesting that you thought you had consent can serve as an admission that the sex act happened. Or attempting to prove mistaken identification on your own by providing an alibi may, in fact, place you near the scene of a crime.
If you’re arrested, invoke your right to remain silent, then do so. Invoke your right to a lawyer, then call one. And don’t say or do anything until the lawyer gets to you.
If you suspect you’re under investigation, retain a lawyer before the arrest, if possible.
Our Beverly Hills team will treat you with respect while mounting a vigorous defense on your behalf. We offer free consultations and are happy to help.