How to defend against a false sex crime accusation
As we’ve seen in recent times, a sex crime accusation can ruin a person’s entire life. Accusations, with little evidence, have caused people to lose their jobs, families and reputations.
If sex crime charges are filed, the situation becomes even more serious. A sex crime conviction can mean that you never work in your chosen career again or rebuild relationships. You also face major penalties such as fines and even prison time.
California’s sex crime statute of limitations
The statute of limitations for sex crimes in California is rather long, which means a false accusation could come as a surprise. …
How to Survive a Sex Crime Allegation
What You NEED to Know if You’ve Been Charge With a Sex Crime
Sex offenses are different than any other type of crime. These kinds of charges are extremely serious and difficult to defend against. One could honestly say that once an allegation has been made – especially involving a child, the deck is stacked against you.
Juries hate these cases – District attorney offices have specialized units to prosecute these types of cases. The rules of evidence are different. The information that would never be allowed before a jury in a typical case can be admitted in a case …
Sex Offender registration – Light at the end of the Tunnel?
California is only one of 4 states that have lifetime sex offender registration for any offense in which you are required to register. While there are a few very limited offenses for which it is possible to be relieved of the duty to register, the vast majority of sex offenses are specifically excluded from any relief by Penal Code section 290.5.
The California Sex Offender Management Board was developed in 2006. It is made up of primarily law enforcement persons who are tasked to review sex offender laws and develop recommendations for improvement.
In its most recent report “A Better …
Yes Means yes – Sex on Campus in 2016
In my opinion, college is a great time to experiment. You try new things, push the envelope and develop in many ways. Meeting different people and figuring out where you fit in socially is a big part of the college experience, including sexual experimentation.
Things have changed a lot since I went to college. Nowadays, kids still experiment with sex but the attitudes and policies about sex on campus, have changed dramatically. Generally, I think this is a good thing. In the past, too often young women/men were taken advantage of and no one was ever held accountable. Often, this …
US Supreme Court Rules Satellite Monitoring Constitutes a Search for Sex Offenders
The United States Supreme Court in Grady v North Carolina, held on March 30, 2015 that the North Carolina’s satellite-based monitoring program (the equivalent of California’s GPS system) of sex offenders constitutes a search under the Fourth Amendment. They remanded the case back to the state court to determine whether this search was unreasonable.
What does this mean for sex offenders here in California? This case probably does not impact people on parole or on probation. If a condition of probation or parole requires a person to wear a GPS, the court will find that to be reasonable for the …
Hofsheier Overruled. What is the impact of persons who have been relieved of their duty to register under Penal Code section 290?
Penal Code section 290 requires mandatory lifetime sex offender registration for persons convicted of most sex offenses including oral copulation with a person under 18, digital penetration with a person under 18 and other “consensual” conduct with persons between the age of 16 and 18. However, sexual intercourse with a person under 18 (commonly known as statutory rape) does not require mandatory registration.
In 2006 the California Supreme Court held in People v Hofsheier (2006) 37 Cal.4th 1185, that it violated equal protection to require a person convicted of oral copulation with a person under the age of 18 to …
California Supreme Court Addresses Jessica’s Law Proposition 83
Jessica’s Law California
The California Supreme Court ruled on two cases involving the 2000 foot residency restrictions imposed by Jessica’s law (Proposition 83.) The purpose of Jessica’s Law is to keep sex offenders away from children.
Both of these opinions were authored by Justice Baxter. However, in my view, the opinions are difficult to reconcile but seem to hinge on the Court’s distinction between privacy rights and punishment.
The first case is People v Mosley (2015 DJDAR 2432) The general holding was a finding that the residency restrictions of Jessica’s Law are non-punitive, not punishment and only a regulatory device. …