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Combating Sex Offense Charges in California
Being charged with a sex crime is a grave issue anywhere in the US. In California, however, the situation is even more dire. The state’s laws are known to be unforgiving, even for first-time offenders, and even low-level offenses can have long-term, life-altering consequences.
Needless to say, the stakes in these cases are beyond high. Fortunately, the burden of proof is still upon the prosecution, and there are powerful defense strategies an experienced sex crimes defense lawyer in San Diego can employ for the most favorable outcome.
What must the prosecution prove to obtain a conviction for sex crimes in California?
In any criminal case in the US, the prosecution must prove guilt beyond a reasonable doubt – i.e., the evidence must be irrefutable. For sex offense cases in general, this means proving all of the following elements characteristic of a sex crime:
- The sex act occurred (e.g., intercourse, touching, exposure);
- The act was unlawful (e.g., non-consensual, involving a minor);
- The defendant acted with intent (e.g., arousal, gratification, abuse);
- The defendant acted knowingly (e.g., they were aware that the sexual act was unlawful or that the victim was a minor).
A critical note on points #3 and #4: The statute defines some offenses as “strict liability crimes”. In these instances, proving intent or knowledge may not be required to obtain sentencing.
What does the prosecution have to prove to apply the sentencing enhancement?
When there are aggravating factors present in the case, some sex crimes can be subject to sentencing enhancements. This can result in significant incarceration time added atop the original sentence – sometimes even decades.
To apply the enhancement, the prosecution must prove case-specific facts separately from the original 4 mentioned above, such as:
- The use of force, violence, or coercion;
- The victim being under a certain age;
- The existence of prior sex crime convictions.
Of course, these factors must also be proven beyond a reasonable doubt in order for enhancement to apply.
How do you defend against sex crime charges?
For it to be viable and effective, the defense strategy must be tailored to the unique circumstances of the case. Experienced attorneys often use a combination of the following tactics:
- Consent defense: If the alleged victim was of legal age and capable of consenting, the defense can argue that the act was consensual.
- Alibi defense: Presenting evidence that the accused was somewhere else when the crime occurred.
- Mistaken identity: This is a rare case, but the defense may argue that the accuser misidentified their client as the perpetrator.
- Challenging evidence:
- Suppressing forensic evidence: The defense may challenge the reliability and validity of forensic evidence, such as DNA analysis or fingerprints.
- Suppressing illegally obtained evidence: If law enforcement obtained evidence by violating the defendant’s constitutional rights (e.g., unlawful search and seizure), the attorney may move for the dismissal of that evidence.
- Insufficient evidence: The defense may argue that the existing evidence isn’t sufficient, credible, or strong enough to prove guilt beyond a reasonable doubt.
- False allegations: These are among the most difficult to prove, but a good attorney may find a way to present evidence suggesting the accusation is fabricated or pointing out the lack of corroborating evidence
- Challenging the accuser’s credibility: In many cases, especially those that lack physical evidence, the prosecution relies heavily on the accuser’s testimony. This makes credibility a central issue, which a defense lawyer can challenge by highlighting inconsistencies and contradictions in the accuser’s testimony (e.g., proving motive such as jealousy, revenge, or desire for custody).
Where can I find a proven sex crimes defense lawyer near me in San Diego?
If you’re looking for some of the finest criminal defense attorneys north of the Tijuana River Valley, Monder Criminal Lawyer Group should be your first choice. Our specialists have decades of experience and always stay up to date with the most current legal developments regarding sex crime laws, enabling them to find the most viable and effective defense strategies. Reach out to us today for a free, confidential consultation.
