Sex crimes occur when individuals impose their will on another through threats and intimidation or physical force in order to achieve a measure of sexual stimulation. California state laws have made illegal a variety of sexual acts such as sexual battery, child molestation, child pornography, rape, prostitution, sexual conduct with a minor, and many others. When facing any charge related to a sex crime, enlisting the services of a skilled attorney is critical to the success of your case.
When a person commits a sex crime, he or she can expect harsh penalties such as time in jail or prison, fines, probation, and mandatory registration as a sex offender. Even an accusation can ruin a person’s reputation and their future. Having to register as a sex offender is no small matter. California Department of Justice is responsible for maintaining the registered sex offender database; per Megan’s Law, they provide the public with access to detailed information on registered sex offenders. While Megan’s law is not intended to punish those convicted of sex crimes, once you are convicted of a sex crime, your contact information and the details of your crime will be made public and your whereabouts will be tracked for the rest of your life.
Our firm understands what is at risk on, and we are dedicated to protecting your rights and looking out for your best interests. The sooner you act to secure legal representation from our firm, the better chance that our attorneys will have to thoroughly review your case, analyze all evidence, challenge witness statements, collect additional information, and build the aggressive defense you need.
The San Francisco rape defense attorneys at Okabe & Haushalter have decades of combined legal experience helping clients who are facing these serious charges. When we turn to California Penal Code 261 PC, we can see that rape is defined as non-consensual intercourse that is accomplished through the means of threat, force, or fraud or when a victim is unconscious or unable to consent to any sexual activity.
Those who are found guilty of committing rape in California will face significant penalties. Rape is considered a felony offense in this state and is punishable by up to three, six, or eight years in state prison. If the alleged victim in the case is a minor, then the punishment for a guilty conviction of a rape offense will be a minimum of seven years in prison and a maximum of 13 years in prison.
Additionally, a person found guilty of rape will be required to register as a sex offender for the remainder of their life. The sex offender registry places harsh burdens on those who have to register. This includes continual check-ins with local police departments as well as having various types of personal information entered into the public domain and accessible through the internet. This includes public disclosure of the sex offender’s photograph, address, what type of vehicle they drive, where they work, and a list of all of their offenses.
A person found guilty of rape will face difficulty when trying to gain employment, find housing, or attend any type of college or university.
Any person facing rape charges in California needs to be aware of two types of statutes of limitation – the criminal statute of limitations and the civil statute of limitations.
As of 2016, prosecutors in the state of California have no statute of limitations in place for criminal rape charges. This means that a person can face rape charges regardless of how long has passed from when the alleged offense occurred.
Additionally, victims of rape are allowed to file civil lawsuits in order to recover compensation for their medical bills, pain and suffering, loss of quality of life, and more. Victims of rape generally have two years from the date the alleged incident occurred in order to file a lawsuit against the alleged perpetrator of the offense. However, if the victim was a minor at the time the incident occurred, they will have eight years from the day they reached the age of majority (18) to file a lawsuit against the perpetrator of the offense.
At Okabe & Haushalter, we do not shy away from sex crime cases. In fact, due to our experience, we prefer to attack such cases head-on as we understand what is at stake. We have a record of success on such cases, including one case where a client was investigated by the FBI. Our client pled to a misdemeanor, received no jail time, was not required to register as a sex offender.
Of course, we cannot guarantee the outcome of any particular case; however, our attorneys are committed to providing the kind of strategic, yet aggressive approach which we know to be effective in sensitive cases involving sex crimes. We believe every defendant deserves high-quality legal representation and dedicated counsel. We also know how quickly false allegations can spread, which is why we work tirelessly to utilize all of our knowledge and resources on behalf of our clients. We are nationally recognized and respected legal analysts for CNN, Headline News, ABC, NBC, and other local stations. One of our founding partners was a legal commentator for CNN during the controversial Casey Anthony trial, and we have personally been involved in a number of highly-publicized cases including the Michael Jackson and OJ Simpson cases.
If you have been accused of or charged with committing a sex crime, you need an attorney who you can count on to provide you with an aggressive defense. Call now!