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Sex Crime

Sexual Assault Criminal Defense Attorney in Los Angeles

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To learn more about the laws related to Sexual Assault offenses in the state of California, we advise you to keep reading, our goal is to clear all your doubts, but keep in mind that the information offered here should not be used as a substitute for a qualified and experienced attorney in criminal cases to defend you.

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"(a) Rape is an act of sexual intercourse performed with a person who is not the spouse of the perpetrator under any of the following circumstances:

(1) When a person is incapable, because of mental disorder or physical or developmental disability, of giving lawful consent, and this is known or should be known to the person committing the act. Notwithstanding the existence of a guardianship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecutor shall prove, as an element of the offense, that a mental disorder or physical or developmental disability rendered the alleged victim incapable of giving consent.

(2) When carried out against the will of a person by force, violence, coercion, threat, or fear of immediate and unlawful bodily injury to the person or another.

(3) When a person is impaired from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known to the defendant.

(4) When a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this subsection, "unconscious of the nature of the act" means unable to resist because the victim meets one of the following conditions:

(A) She was unconscious or asleep. (B) Was not conscious, aware, knowing, perceiving, or aware that the act had occurred.

(C) Was not conscious, did not know, did not know, did not perceive, and did not know the essential characteristics of the act because of the perpetrator's fraud. (D) Was not aware, did not know, did not know, did not perceive, and did not know the essential features of the act because of the perpetrator's fraudulent representation that the sexual penetration was for a professional purpose when it had no professional purpose.

(5) When a person submits under the belief that the person committing the act is someone known to the victim who is not the accused, and this belief is induced by any artifice, simulation, or concealment practiced by the accused, with the intent to induce the belief.

(6) When the act is done against the will of the victim by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will carry out the threat. As used in this paragraph, "threat of retaliation" means a threat of kidnapping or false imprisonment, or infliction of extreme pain, serious bodily injury, or death.

(7) When the act is carried out against the will of the victim by threatening to use the authority of a public official to incarcerate, detain, or deport the victim or another person, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means a person employed by a government agency who has the authority, as part of his or her position, to incarcerate, detain, or deport another person. It is not necessary that the perpetrator be a public official.

(b) As used in this section, "coercion" means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibility to perform an act that he or she would not otherwise have performed, or to consent to an act to which he or she would not otherwise have submitted. The total circumstances, including the age of the victim, and his or her relationship to the accused, are factors to be considered in assessing the existence of duress.

(c) As used in this section, "threat" means any threat, statement, or act that shows an intent to inflict harm on another."

California Statutes – Penal Code 25400

What are Sex Crimes?

Offenses that are considered sex crimes can be prosecuted through California's sexual assault laws. These laws prohibit the unwanted touching of another person's intimate parts. According to the California Penal Code, intimate parts such as "the sexual organ of the victim, the anus, groin, or buttocks of any person, and the breast of a woman." When the sexual assault leads to a sexual act not consented to by the victim, rape is charged.

Differences between Sexual Abuse, Sexual Aggresion and Rape

Sexual abuse is when you premeditatedly attempt to approach or touch any part of another person's body without their consent, seeking sexual gratification or satisfaction. This includes minors, who are not able to decide what is right and what is wrong, and therefore are not able to give consent. As well as with people who are unable to reason either because they are under the influence of a substance or because they suffer from a serious disability. Sexual abuse is committed without the use of force or violence.

Sexual aggression occurs when the intention in touching the other person is clearly sexual and resorts to violence or intimidation to achieve self-satisfaction in exchange for physical and mental harm to the victim.

In this sense, it can be concluded that sexual abuse occurs without the need for violence, while aggression involves the use of force on the part of the aggressor. Sexual aggression can lead to the most serious action, which is rape, which consists of abusing the victim vaginally, anally or orally. It is the most serious instance and therefore the most punished.

What evidence is necessary for a case of Sexual Violence?

For a Sexual Violence case to be convicted, the prosecutor must prove 3 basic precepts. First, it must prove that the subject touched the intimate parts of the victim, while the victim was immobilized by the accused, or by an accomplice. Second, it must be proven that the victim did not consent to such act, therefore, it was against her own will. Finally, the prosecutor must prove that the defendant's objective was sexual gratification.

What is the sentence for a Sex Crime case?

In the state of California, the estimated sentence ranges from 1 to 5 years in prison if sexual assault is involved, i.e., the crime is committed with the use of force. If penetration occurs, the sentence ranges from 6 to 12 years. However, you should know your case well and go to a Los Angeles Rape and Sexual Assault Criminal Defense Attorney, as in many cases there are factors that could aggravate the punishment if you do not know how to defend yourself. For example, if the defendant used lethal weapons that could cause harm to the victim, or if there was a prior relationship with the victim and the crime was committed out of revenge.

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