Criminal Acts Without Consent
Sexual offenses create a huge stir in media and often leads to public outrage. No one wants to hear of their child being molested by an authority or adult and the mention of a rapist or prostitution can send neighborhoods into hysterics. If you have been arrested or are being investigated for a sexual offense, it is important that you speak with a San Jose sex crimes defense attorney as soon as possible. Often times, very little is needed to charge someone with a sex crime, and many people are wrongfully accused. Sexual misconduct is taken very seriously and if you have been blamed for an unwanted sexual advance of any nature, your future may be at stake.
Any amount of unwanted sexual advancements, attempted rape, forcible rape or touching and fondling that is done without the consent of one person, can be considered a sexual assault. Sexual assault does not always include severe violence such as rape, but can even be a slight touch to a private area through clothing. The United States holds federal standards constituting sexual assault and the state recognizes particular crimes and punishments for offenders as well. Specific offenses are spread over a wide range of definitions, including “sexting”, female genital mutilation, rape, public indecency, child pornography, criminal transmission of HIV and even prostitution.
Child Molestation – Megan’s Law
Child molestation is a charge that is taken very seriously in the state of California. The National Center on Child Abuse and Neglect states the child molestation occurs when a child is being used for sexual stimulation by the perpetrator while the perpetrator has direct control over the victim. Depending on the age of the alleged victim, punishments could range from minor to severe. California Penal Code § 288(a) states that a lewd or lascivious act on a child under the age of 14 can result in a felony charge and up to 8 years in prison.
California recognizes a law called Megan’s Law, which offers the public immediate access to information regarding registered sex offenders and child molesters. If you are convicted of child molestation, child battery or sexual acts with a minor, you will be forced to register as a sex offender for the rest of your life. Failure to register can result in extended punishments or jail time. The sex offender website will offer detailed information on where you live, what the charges are against you and even defining characteristics such as scars and tattoos.
What do I do if I have been arrested?
Often times, people are wrongfully arrested and charged with sexual assault or sex crimes when indeed they did not commit the crime or there was no malice or criminal intent involved. Ex-spouses or significant others can sometimes accuse a person of a sexual act that is unwarranted to gain an upper hand in a divorce proceeding or child custody case.
With very little evidence and usually just a small statement of unwanted sexual advances, you may be placed under arrest. It is imperative that the moment you are arrested or taken into custody for questioning, you exercise your Miranda Rights and contact a San Jose sex crimes attorney. If you are found guilty of a sexual act, you will have to spend the rest of your life registering as a convicted sex offender. Do not let your future fall into the hands of an inexperienced lawyer, call my firm today and ask to speak with a San Jose sex crimes lawyer!