How California Defines Sexual Misconduct and Sexual Assault
According to the Rape, Abuse & Incest National Network (RAINN), sexual misconduct is a term used outside of the legal system. Many people use this term to refer to inappropriate actions. For example, a relationship between two people who work together could be considered “sexual misconduct,” even if it is not against the law.
Sexual assault, however, does represent criminal behavior. Sexual assault can refer to many different criminal acts.
Any non-consensual sexual activity can qualify as “sexual assault.” Examples of sexual assault in California can include:
- Rape
- Forced oral copulation
- Sexual battery
- Penetration with an object
- Sodomy
The court system in California handles all of these charges differently. A sex crimes lawyer in Los Angeles can provide you with specific information about different sexual assault charges.
For a free legal consultation, call (310) 896-2723
Types of Sexual Assault in California
Sexual assault leads to criminal charges in the state of California. Generally, sexual assault occurs if someone forces another person into a non-consensual sex act.
Individuals give consent if they agree to a sex act. Some people cannot give consent. This means any sexual activity that involves them may automatically be “sexual assault.” Individuals cannot give consent if they are:
- Under the age of 18
- Drunk or otherwise impaired
- Asleep or unconscious
Conditions that Make Consent Impossible
Additionally, some people have conditions that make it impossible to consent to sexual acts. Furthermore, individuals who agree to a sex act after they are threatened or blackmailed have not consented to these acts.
Rape, sodomy, oral copulation, and object insertion can all lead to sexual assault charges in California. You can learn more about these charges with the Simmrin Law Group. Contact us right now by calling our office.
Penalties for Sexual Misconduct and Sexual Assault
Sexual misconduct is not technically a legal term in California. This means that individuals may not face criminal charges if they are accused of sexual misconduct. However, there could be other penalties, such as job loss.
Sexual assault, however, does lead to criminal charges in Los Angeles. There are many different forms of sexual assault, and they are treated differently in the court system. However, many of these charges will lead to the following:
- Fines
- Jail or prison time
- Registry as a sex offender
Registering as a Sex Offender
Individuals have to register as sex offenders if they are convicted of acts like sexual battery, sodomy, or rape. The court system does not always require individuals to register as sex offenders for the same amount of time. Some people must register for the following:
- Ten years
- 20 years
- The rest of their lives
Get more information about the penalties for sexual abuse in California by contacting the Simmrin Law Group. Our sex crimes lawyers in Los Angeles are standing by to help you right now.
Collateral Consequences of a Conviction
If you are found guilty of any sex offense in Los Angeles, your entire life could change. In addition to facing incarceration, fines, and registration as a sex offender, you can expect your reputation to be destroyed. Even an accusation of sexual misconduct or assault could devastate you personally and professionally.
Depending on your line of work, sex crime accusations could also result in suspending or revoking your professional license. If this happens, it may be difficult or impossible for you to continue earning a living, providing for your family, and furthering your career.
Other potential collateral consequences of a conviction include:
- Being passed over for job opportunities
- Housing restrictions
- Loss of federal student aid
- Having a criminal background
- Inability to maintain relationships with family and friends
- Difficulty finding safe or affordable housing
- Trouble finding gainful employment
- Immigration or citizenship issues
- Temporary loss of voting rights
- Loss of firearm rights
How to Avoid a Sexual Assault Conviction
If you hope to avoid a conviction for sexual assault or misconduct, one of your best options may be to enter a pretrial diversion program or a plea agreement with the district attorney. These programs and bargains will not be available for anyone accused of a sex offense.
Only in situations where defendants are first-time offenders of non-violent crimes will these opportunities be available. If you do not qualify for a pretrial diversion program, your criminal defense lawyer will be ready to determine which defenses will most likely result in an acquittal.
Defenses Against Sexual Misconduct and Sexual Assault Charges
Sexual misconduct is often not handled in a court in Los Angeles. You may not always work with a criminal defense lawyer after being accused of sexual misconduct. However, if you face criminal charges for sexual abuse, a lawyer can step in to help.
Members of the Simmrin Law Group know how to take care of sexual abuse charges in our area. We can take steps to show that:
- You were falsely accused of sexual assault
- You took part in consensual sexual activity
- There is insufficient evidence for a sexual assault charge
We can work to get your charges reduced or even dismissed. Consider your legal options further by contacting us after being accused of sexual assault.
Complete a Free Case Evaluation form now
Work with a Lawyer Today to Handle Sexual Misconduct and Sexual Assault Charges
A sex crimes lawyer in Los Angeles can help if you face sexual assault charges. You can reach the Simmrin Law Group by calling our office or filling out our online contact form. We’ll start working on your defense with a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form