San Diego Criminal Defense Lawyer
Sex Crimes
An Overview of Defense in Sex Crimes Cases in Southern California
A number of different defenses can be raised in sex crimes cases. Whether any of these defenses will be applicable to your case will depend on the underlying nature of the charges. Some of the most common defenses raised in sex crimes cases are:
- Innocence: As with any other legal charge, innocence is always a valid defense. The burden of proof is on the prosecution. If they cannot prove the charges beyond a reasonable doubt, the case should be dismissed or you should be found not guilty
- Consent: Another common defense in sex crimes cases is ‘consent’. With many sex crimes charges, a core element the prosecution must prove is that the defendant did not contain lacked consent. It is important to remember that minors cannot give legal consent. This defense is not applicable to a statutory rape case or a child molest case.
- The mistake of Fact: In a limited number of cases, a mistake, in fact, maybe a viable defense. The most common example of this is when the defendant has a good faith, reasonable belief that person was actually of legal age. If a 17-year-old lies about their age, a mistake, in fact, maybe a valid legal defense. However, this defense cannot be raised if the minor is under the age of 14.
California's Megan's Law
What is Megan's Law?
It was enacted in 1996 Penal Code § 290.46. It mandates the California Department of Justice (CA DOJ) to notify the public about specified registered sex offenders. Megan’s Law also authorizes local law enforcement agencies to notify the public about sex offender registrants found to be posing a risk to public safety.
One of the questions that our defense attorneys often get asked is "Will i have to register as a sex
It is important to know that California has a very strict sex offender registration requirements.
Under Megan's Law, a person who was convicted of a sex crime will be required to add their name and address to a national sex offender registry.
In addition, they will be required to notify law enforcement when changing addresses. As of 2021, California will have a tiered system for sex offender registration.
While some convictions mandate lifetime registration, with others, you may eventually be able to apply to get your name off the list.