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You hear a knock at your door, and an officer stands there with questions that make your stomach drop. You’re informed of allegations of child sexual assault, and before you know it, your world is turned upside down. You may feel confused, scared, or even find yourself in a state of disbelief. What happens next, and how do you protect yourself from these serious accusations?
Facing allegations under the California child sex assault law is a grave matter with life-altering implications. Understanding the legal framework and available defenses allows you to effectively protect your rights and get the best result.
What Constitutes Child Sexual Assault and Abuse Under California Law?
Under California Penal Code § 288, lewd or lascivious acts with a child under 14 constitute child sexual assault. This can involve physical contact or actions intended to arouse or gratify sexual desires. One California sex abuse law involves sexual battery, which is defined as touching an intimate part of another person for sexual arousal, gratification, or abuse. This law applies to any unwanted touching that is sexual in nature.
Additional offenses involving minors include:
- Continuous sexual abuse of a child,
- Oral copulation with a minor, and
- Possession or distribution of child pornography.
These laws exist to protect children from exploitation and abuse, and they carry severe penalties.
Consequences of Conviction
A conviction for child sexual assault can devastate every aspect of your life. You may face:
- Lengthy prison sentences—ranging from years to life, depending on the offense;
- Lifetime sex offender registration—your name and details are added to a public registry that is accessible to employers, landlords, and neighbors; and
- Permanent social and professional damage—a conviction can ruin your reputation, limit career opportunities, and restrict housing options.
Given these harsh penalties, skilled legal representation is crucial to safeguarding your rights and future.
Defenses to Child Sexual Assault Charges
If the State charges you with violating a California child sex assault law, we know you are taking it seriously. But try not to panic. A charge is not a conviction, and there are several legal defenses available. Your strategy will be tailored to your specific circumstances and may involve the following defenses.
False Allegations
False accusations can stem from personal vendettas, family disputes, or external pressures. For instance, in contentious custody battles, one parent may accuse the other of such a crime to gain an advantage. A thorough investigation into the accuser’s or witness’s motives and background can often reveal inconsistencies or ulterior motives.
Lack of Evidence
The prosecution bears the burden of presenting enough credible evidence to prove your guilt beyond a reasonable doubt. Your attorney can challenge physical evidence, forensic analysis, or witness credibility. For example, law enforcement could mishandle evidence like DNA—calling the test results into question. If evidence is mishandled or if procedures lead to a lack of confidence in the results, your lawyer could move to exclude such evidence. Or, if testimony alone is insufficient, this lack of corroborating evidence could establish reasonable doubt.
Consent (for Certain Charges Involving Older Minors)
While consent is not a defense for crimes involving children under 14, it can play a role in certain statutory rape cases involving minors aged 16 or 17. California law considers age differences when determining charges and penalties involving unlawful sexual intercourse.
Mistaken Identity
Eyewitness testimony is not always reliable, especially when emotions run high. Defense attorneys often use forensic evidence, surveillance footage, or digital records to demonstrate that you were not the perpetrator.
Entrapment
If law enforcement officers induced you to commit an offense you otherwise would not have committed, entrapment may serve as a viable defense. However, proving entrapment requires showing that the idea and encouragement for the crime came solely from law enforcement.
Police Misconduct or Procedural Violations
Illegally obtained evidence, such as evidence gathered without a warrant or coerced confessions, violates your federal and state constitutional rights. If so, your lawyer could move the court to exclude such evidence from trial, thereby weakening the State’s case.
Improper Interview Techniques
In some cases, accusations arise from improperly conducted interviews with impressionable children. Leading questions or suggestive techniques can influence a child’s memory or testimony. Your attorney may seek expert testimony to challenge the reliability of the child’s statements.
A knowledgeable defense attorney will tailor these strategies to your circumstances, ensuring you receive the most vigorous defense possible.
Why Legal Representation Is Critical
Facing an accusation of child sexual assault or abuse can feel like a nightmare. The weight of these charges is immense, and the legal system can seem daunting. Without a skilled, experienced attorney protecting your rights, the consequences could be life-altering.
A seasoned defense lawyer can be your lifeline. They’ll fight to protect your rights, ensuring you’re treated fairly. They’ll dissect the prosecution’s case, searching for any cracks in their armor, and they will challenge any evidence that shouldn’t be allowed in court.
Your attorney will be your advocate, negotiating tirelessly on your behalf. They’ll work to minimize the charges, explore potential plea deals, or, if needed, prepare a strong defense for trial. With their knowledge and skill, you’ll significantly improve your chances of a successful defense.
Charged with Violating the California Sex Abuse Law? Call Us Today
At Comings Law, APC, we understand the gravity of these accusations and their impact on your life. With extensive experience in defending against California sex crimes, we are committed to protecting your rights, reputation, and future.
Our compassionate and aggressive approach ensures personalized representation tailored to your case. Don’t face this alone—contact us today for a confidential consultation. Let us fight for you every step of the way.
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