An accusation of rape or other sex crimes damages your reputation and is a traumatizing experience. A conviction has long-term consequences, and you can face jail time, fines, loss of employment, and more. There does not have to be any evidence that you committed a criminal act; all it takes is an allegation for you to suffer steep consequences.
You need the assistance of a sex crimes lawyer in Lynwood, CA, from Simmrin Law Group to discuss your options and keep you from a lengthy jail sentence.
Rape Is a Sex Crime
There are many possible sexual crimes you can be accused of under California penal codes. The most gruesome sex crime is rape, defined as non-consensual sexual intercourse through force, fraud, or threats. Force involves the use of:
- Drugs
- Sexual coercion
- Physical violence
- Threats or blackmailing
- The victim is asleep, intoxicated, or unconscious
Rape includes oral, anal, vaginal, and other sexual acts that meet the criteria on the above list. Sexual assault differs from rape, but many use the terms interchangeably in conversation. The penalties that come with each charge are also different.
Sexual Assault in California
Sexual assault is different from rape, and it encompasses a variety of sexual acts. However, not all sexual crimes involve rape. Some sexual crimes that fall under the umbrella are:
- Incest
- Forcible sodomy
- Coerced sexual contact
- Forceful penetration with an object
- Unwanted sexual touching, groping, or kissing
When you are accused of sexual assault, including rape, you must deny the accusations and take legal action. Our Lynwood sex crimes attorneys will work to prove you innocent or lessen your charges.
Sexual Harassment in the Workplace
The workplace is rampant with sexual harassment, and many laws are enacted regarding harassment in the workplace. Two forms of workplace sexual harassment are prevalent in Lynwood: a hostile work environment and quid pro quo. Sexual harassment violates the law and is a form of discrimination.
Since many movements are calling for change, bosses are facing allegations and having their reputations ruined. Quid pro quo is when an authority figure in the workplace demands sexual favors in exchange for a promotion, preferential treatment, and to avoid disciplinary action. The boss will withhold a promotion or raise it as retaliation when the employee refuses.
A hostile work environment happens when authority figures do not address inappropriate workplace behavior that makes the environment hostile or abusive. In either case, you have legal options and must speak with our Lynwood sex crimes lawyers to build a defense.
When Consent Is Present
Our clients come to us in shock they are being accused of rape or other sex crimes because they thought it was consensual. The lines can be blurry when there is a romantic relationship or alcohol involved. One of the elements the prosecutor must prove is a lack of consent, and our job as your sex crimes attorney in Lynwood, CA, is to prove there was consent.
Other items the prosecution must prove are there was no reason to believe there was consent and that you used violence, threats, or tricks to force the sexual conduct.
Proving Lack of Consent
The prosecutor must prove there was a lack of consent for a viable case, which can be challenging if there are no witnesses. Other evidence they can look for include:
- Recordings of threats or the act itself
- Physical injuries from the forced sexual intercourse
- Date rape drugs in the victims’ system
- Your confession
You have a stronger defense if you do not have any of these elements. Even with these elements present, there are many defenses available. Consent is the best defense; proving it will move your defense forward.
However, there are instances where the other person cannot give consent, and you cannot use this as a defense, like when the person is unconscious or underage. Call Simmrin Law Group to discuss your sex crime defense.
Penalties for Rape
A rape conviction in California is a felony and requires you to register as a sex offender. You may be given a prison sentence of 1 to 8 years. These are the basic standards, and you can face steeper penalties under certain situations like:
- The victim is under 14 years old
- The victim is under 18 years old
- The victim has critical injuries
If these circumstances apply, you can face additional prison time and fines. If you have prior felony convictions, you can also face steeper penalties under the three strikes law. When someone receives their third strike, it is an automatic 25 years in prison.
Even one strike is too much, and Simmrin Law Group is here to defend you.
Defenses for Sex Crimes
Public opinion often falls short of the facts, and everyone you know will assume you are guilty. You need a team familiar with these charges to help you. Consent is one defense, but there are others, including:
- Insanity: your mental illness impaired or impacted your moral judgment
- Misidentification: the victim was mistaken when they identified you, or they have ulterior motives for accusing you of these crimes.
- Innocence: you have an alibi for the time of the alleged attack, or we prove you did not partake in any sexual acts with the victim
The defense available to you will depend on the circumstance of your accusations and the evidence present. The Lynwood sex crimes lawyers from Simmrin Law Group can help you get the charges dropped, negotiate a plea bargain or get an acquittal.
Speak to Our Lynwood Sex Crimes Lawyer
Our Lynwood criminal defense lawyers know how damaging accusations are to the innocent. We strive to craft the best legal strategy possible to protect your freedom. California should not put you on a sex offender list for a crime you did not commit.
While we can empathize with sexual assault victims, we know there are cases with ulterior motives and mistaken identities. Do not suffer steep penalties but instead contact SImmrin Law Group. Our Lynwood sex crimes lawyer can review your case and offer options after you speak with us.