What NOT to Do After Being Charged with a Sex Crime
March 16, 2021
An FBI Uniform Crime Reporting Program report indicates that there were 2,274 reported cases of rape in Los Angeles, California in 2019. Sexual misconduct allegations, including rape and sexual assault, are serious crimes in the state of California that are punished severely. If you have been arrested and charged with a sex crime, it is important to know what to do and what not to do in order to not hurt your defense. Retaining a highly-skilled and aggressive California criminal defense attorney immediately is crucial to help build your defense strategy.
For more than 25 years, I have been offering comprehensive legal services and reliable representation to clients facing sexual misconduct accusations. At the Alec Rose Law Office, I will fight vigorously to protect your rights, strategize an effective defense for your case, and fight the allegations against you to maximize your chances of a favorable outcome. My firm is proud to serve clients across Los Angeles, Orange, San Diego, and Santa Barbara, California.
Sex Crimes in California
In California, a sex crime can be defined as any misdemeanor or felony crime that involves the sexual touching of another person in an unwanted and offensive nature or without the victim’s consent. If convicted of a sex crime, the defendant could face lengthy time in county jail or California state prison, hefty fines, loss of certain civil rights, lifetime registration as a sex offender, and other serious social ramifications.
Examples of Sex Crimes in California
Some common examples of sex crimes in California include:
Rape
Sexual battery
Child sexual abuse
Statutory rape
Lewd conduct
Lewd acts with a child
Indecent exposure
Failure to register as a sex offender
Oral copulation by force
Possession of child pornography
Child molestation
Prostitution
Soliciting a prostitute
Date rape
Possible Penalties
If convicted of a sex crime in California, possible penalties vary depending on the crime.
Rape: This is a felony offense punishable by up to eight years in state prison or up to 13 years in prison if the victim is a minor.
Sexual Battery: Punishable by one year in county jail and a maximum fine of $2,000, or between two and four years in state prison and a maximum fine of $10,000.
Statutory Rape: Punishable by up to four years in prison and a maximum fine of $10,000. Depending on the age difference between the defendant and the victim, the penalties may be more severe.
Spousal Rape: Punishable by three to eight years in state prison.
Lewd Conduct: Punishable by up to six months in county jail, a fine of up to $1,000, or both.
Indecent Exposure: Punishable by up to six months in county jail, and a maximum fine of $1,000, or both.
Failure to Register As a Sex Offender: Punishable by up to one year in county jail (misdemeanor sex offense) or up to three years in state prison (felony sex offense).
Continuous Sexual Abuse of a Child: Punishable by up to 16 years in state prison.
Possession of Child Pornography: Punishable by up to one year in county jail (misdemeanor child pornography) or up to three years in state prison (felony child phonography).
Oral Copulation by Force: Punishable by three to eight years in California state prison and a maximum fine of $10,000.
Soliciting with a Prostitute: Punishable by up to six months in county jail, a fine of up to $1,000, or both.
Things NOT to Do After Being Charged
Knowing what NOT to do when facing sexual misconduct allegations is as important as preserving the evidence. The last thing you want to do is make a costly mistake that can hurt your case. Therefore, when facing sex crime charges, here are some things that you should NOT do:
Don’t Post on Social Media
Following a sex crimes charge, it is better not to post anything on social media. At this point, your private messages are not necessarily private. Therefore, staying off social media may be better for you.
Don’t Talk to the Police
When facing sexual assault or rape charges, you should not talk to law enforcement or any other investigator without the consent and presence of your attorney. They will try to get you to open up to them by “being on your side” or convincing you it’ll help your case. However, your statements may be taken out of context, and anything you say can be used against you.
Don’t Contact the Alleged Victim
Do not have any contact with the victim or any of their inner circle via any forms of communication. Avoid talking to the victim about the case completely. With heightened emotions, any word you say could be used against you.
Don’t Give Evidence to Law Enforcement
Even if you believe that the evidence will help prove that you’re innocent of the alleged sex crime, do not provide any evidence to law enforcement without consulting with your attorney. Neither should you agree to any testing (DNA testing) that is not compulsory.
Get Help from an Experienced Attorney
Facing sexual misconduct allegations can be a scary experience. Even if you were falsely accused, any mistake you make could inadvertently affect the outcome of your case. Therefore, it is important to retain an experienced California criminal defense attorney to help with the criminal investigation and prepare a strong defense for your case.
I have devoted my career to providing experienced legal guidance and defending clients who have been charged with a variety of serious crimes. As your legal counsel, I will review and investigate every detail of your case and outline an effective defense strategy. At the Alec Rose Law Office, I will fight vigorously to protect your rights and seek to ensure that those allegations don’t ruin your life. Having me on your side can improve your chances of a favorable outcome in your case.
Contact me at my firm — the Alec Rose Law Office — today to schedule a one-on-one case assessment with an experienced sex crime defense attorney. I can offer you the comprehensive legal counsel, strong advocacy, and reliable representation you need. I proudly serve clients across Los Angeles, Orange, San Diego, and Santa Barbara, California.