At Shouse Law Group, we understand that just being accused of a sex crime can upend your life. If you get convicted of a sex crime, you face jail or prison, sex offender registration, and the loss of your gun rights.
Our lawyers include former cops and district attorneys. We know from experience that the police arrest people based on
- false accusations,
- mistaken identity, and even
- innocent misunderstandings.
That is why we fight so hard for our clients’ rights.
To help you understand how we fight sex crime charges, our California criminal defense attorneys discuss:
- 1. What are sex crimes in California?
- 2. What are the penalties?
- 3. What are the defenses?
- 4. How can a lawyer help?
- Additional Resources
You may also wish to review some of our recent California legal victories.
1. What is a sex crime in California?
In California, a “sex crime” is any misdemeanor or felony of a sexual nature. It includes everything from forcible rape to grabbing your genitals in public to annoy someone.
Common sexual offense cases we defend include (but are not limited to):
- Child sexual abuse,
- Date rape,
- Failure to register as a sex offender,
- Indecent exposure,
- Lewd acts with a child / child molestation,
- Lewd conduct,
- Oral copulation by force,
- Possession of child pornography,
- Prostitution / solicitation,
- Sexual assault,
- Sexual Battery,
- Soliciting a prostitute, and
- Statutory Rape.
You can find additional sex-related crimes we defend in our A-Z California crimes library or on our listing of California crimes by code section.
In California, a “sex crime” is any misdemeanor or felony of a sexual nature.
2. What are the penalties?
In addition to a lengthy jail or prison sentence, a conviction of a California sex crime can require registration on the California Meagan’s Law website – sometimes for life.
There are harsher consequences if the conviction is for felony charge, such as a loss of gun rights and the difficulty or inability to get the case expunged from your record.
Having any kind of criminal record can impede your ability to get a job, housing, a professional license, loans, or even a date. That is why we fight so hard to keep a conviction off your background check.
3. What are the defenses?
Here at Shouse Law Group, we have represented literally thousands of people charged with sex crimes. In our experience, the following six defenses have proven very effective at getting these charges reduced or dismissed.
- You were the victim of a false accusation;
- No sexual contact occurred;
- The sex was consensual;
- You had an honest and reasonable belief that the accuser consented;
- There is insufficient evidence; or
- Mistaken eyewitness identification / mistaken identity.
Note that being too intoxicated to know what you were doing is not a defense to a California sex crime if your intoxication was voluntary.
Our California sex crimes lawyers offer free consultations so that you can discuss possible strategies for getting your case dropped.
Consent is a defense to adult sex crime charges, but people cannot legally consent when they are intoxicated.
4. How can a lawyer help?
Some sex offender lawyers wait until formal charges have been filed in sex crimes cases. Not us.
We believe sexual misconduct allegations demand early intervention and independent investigation. This aggressive, proactive approach has given us a proven track record in defending our clients.
Below we discuss just some of the strategies we use to defend against sex crime charges.
Negotiation with Law Enforcement
California law enforcement officers take sex crime accusations seriously. Often they arrest people first and ask questions later.
Though sometimes all it takes to get the police to drop a case is for us to present our client’s side of the story.
Example: Our client initiated a conversation with a teenage girl he mistakenly believed was an adult. He was arrested for annoying or molesting a minor. However, after we presented his side of the story to the police, the detective dropped the case. No charges were ever filed.
Private Investigation
Accusers often misinterpret a situation. Sometimes they mistakenly identify the wrong person. Occasionally they even lie.
We work with some of the best private detectives in California to investigate:
- the crime scene,
- the accuser and
- the witnesses.
If an accuser or a witness is not credible or has a bias, we will uncover it. Our investigation may also turn up conditions – such as lighting or distance from the crime scene – that make eyewitness identification unreliable.
Private Polygraph (Lie Detector) Testing
Polygraph tests, commonly known as “lie detectors,” are not usually admissible in a California criminal trial. However, private polygraph tests can be a useful tool for fighting a sex crimes case.
If the test shows that our client is telling the truth, we show the results to the prosecutor. Often this leads to the prosecutor dropping the case or reducing the charges.
Alternatively, if the results are unfavorable to our client, we simply keep them private. The prosecution never even knows the test took place.
Private polygraph tests can be a useful tool for fighting a California sex crimes case.
Pre-Trial Advocacy and Motions
Most California sex crimes cases do not go to trial.1
In some cases, the accused pleads guilty in exchange for a more lenient sentence.
Though with a proactive defense, we can often get the judge to suppress the state’s evidence. This may force the prosecutor to drop your case for lack of proof.
Example: The Los Angeles Police Department investigated our client for sexual battery. We conducted an independent investigation and discovered exonerating evidence. We presented the evidence to the LAPD and the Los Angeles District Attorney. Both the D.A. and the detective in charge rejected the case.
Plea Bargains in Sex Crimes Cases
Prosecutors often agree to let our clients charged with a California sex crime to plead guilty to a less serious criminal charge. These “plea bargains” let our clients avoid the uncertainty and expense of trial.
In many cases, pleading guilty even allows our clients to avoid jail time and/or having to register as a sex offender for life.
Example: Our client was charged in Orange County Superior Court of lewd conduct with a 13 year-old. He faced several years in California state prison as well as lifetime registration as a sex offender.
After presenting favorable evidence to the prosecutor, we were able to work out a plea deal. Under the deal, our client pleaded guilty to statutory rape. In return, he received no prison time and was not required to register as a sex offender.
Fighting a Case at Trial
Television shows would have us believe that prosecutors only go to trial when the accused is guilty. This is simply not true.
As former cops and prosecutors, we know the pressure prosecutors are under. Sometimes they are trying to show the community that they are “doing something.” Sometimes, they just get it wrong.
Example: The San Diego District Attorney charged our client with indecent exposure. The client had a prior indecent exposure conviction and was looking at state prison time.
However, he maintained his innocence, and we believed him. During the week-long trial, the jury was told of his prior conviction. Nevertheless, after just a few hours of deliberation, they returned a “not guilty” verdict.
Sentencing Mitigation in Sex Crimes Cases
People found guilty of sex crimes in California have the opportunity to present “mitigating factors” during sentencing. These factors may persuade the judge to impose a more lenient sentence.
Mitigating factors in sex crime cases can include (but are not limited to):
- You mistakenly believed your conduct was legal,
- You have no prior – or only an insignificant – criminal record,
- You voluntarily acknowledged wrongdoing before arrest or at an early stage of the criminal process,
- You made restitution to the alleged victim, and/or
- Your prior performance on probation or parole was satisfactory.
In every sex crimes case, prosecutors have the burden to prove guilt beyond a reasonable doubt – which is a very high bar.
Additional Resources
If you are struggling with sexual impulses, consider getting help:
- Association for the Treatment of Sexual Abusers (ATSA)— ATSA offers referrals, programs and resources for those suffering from sexual compulsions and sexual disorders.
- Sex Addicts Anonymous (SAA) – 12-step program to overcome sex addiction.
- Substance Abuse and Mental Health Services Administration (SAMHSA) – 24/7 confidential helpline offering referrals.
- Sex Addiction – Article and guidance by AddictionHelp.org.
Legal References:
- See California’s Criminal Justice System: A Primer, California Legislative Analyst’s Office (“LAO”).