Child Sexual Assault Lawyer in Riverside, California

If you have been charged with (or are being investigated for) the sexual assault of a child, you need the assistance of an experienced sex crime attorney, and you need it now. Facing such a charge alone is both frightening and extremely risky. Since the consequences of a conviction are serious, it is critically important that your legal rights be protected at every step of the way. San Bernardino and Riverside child sexual assault attorney Gregory H. Comings can help you formulate an appropriate defense strategy for your situation.

Having handled sex crime cases involving minors for over a decade, Attorney Comings knows that many false accusations (not to mention wild exaggerations of innocent interactions) are made each year. Since there is a social stigma against people accused of sex crimes in which children are involved, it may be difficult to fight these charges. It is not, however, impossible to win a child sexual assault case or, in the alternative, work out a plea agreement to a lesser crime.

Relevant Riverside Child Sexual Assault Laws

California Penal Codes §§ 288, 289, and 261 cover different aspects of sexual offenses involving minors throughout the state and include severe penalties for violations.

Lewd Acts with a Minor 

Penal Code § 288 prohibits any lewd acts with children under 14 or with minors aged 14 or 15 if the defendant is at least 10 years older. These acts must be shown to be intended for sexual gratification. Convictions can lead to 3 to 16 years in prison and mandatory sex offender registration.

Forcible Sexual Penetration 

Penal Code § 289 involves forcible sexual penetration, using coercion or threats, with minors or adults. Even slight penetration, if achieved by force or fear, may lead to 3 to 8 years in prison or longer, depending on circumstances such as the victim’s age or injury.

Rape

Penal Code § 261 defines rape as non-consensual intercourse through force, fear, or deception. This statute applies mainly to adult cases but can include minors if threats or coercion are used. Penalties range from 3 to 8 years, with additional time for aggravated factors.

A child sexual abuse attorney helps analyze each aspect of these laws to identify the most effective defense strategies.

Upon undertaking the representation of a client accused of this crime, one of the first things that a child sexual assault lawyer in Riverside or San Bernardino will do is review the prosecution’s evidence to find possible holes in its case. After all, the State of California must be able to prove each and every element of the offense with which it has charged the defendant beyond a reasonable doubt, or else they may not be convicted of that crime. For example, with regard to the crime of sexual battery, the prosecutor must be able to prove that the defendant touched the victim’s intimate parts against the victim’s will, while the victim was restrained, for the defendant’s sexual gratification or arousal or with the intent of abusing the victim. While “beyond a reasonable doubt” does not require that every possible shred of doubt be removed from the jurors’ minds, it does require that they be convinced of the defendant’s guilt within a certain degree of moral certainty.

If, for example, the State’s only proof in a given case is a “mandatory report” of abuse from a member of a profession (such as teaching) that requires those who suspect that a child has been abused to make a formal report to the authorities, the State’s case may quickly fall apart. A teacher’s testimony is likely to be excluded as inadmissible hearsay evidence. Without testimony from the child or a medical expert who examined them, a conviction may be difficult to obtain.

Violation of Your Constitutional Rights

Additionally, any evidence obtained in violation of a defendant’s constitutional rights may be excluded at trial. Under the “fruit of the poisonous tree” doctrine, the State may not introduce evidence at trial if that evidence is tainted by a constitutional violation. Thus, a confession obtained without advising the defendant of their right to remain silent or their right to the advice of counsel may be inadmissible, as may physical evidence obtained in violation of the defendant’s Fourth Amendment or due process rights.

Witness Credibility and Reliability

Prosecutors often lean heavily on witness testimony, especially in cases involving children. However, suggestions or natural memory limitations can influence children’s memories. To ensure a fair assessment, your defense attorney may bring in expert witnesses, such as psychologists, who can examine and challenge the reliability of these testimonies, helping the court view them with balanced insight.

Exploring Motive for False Allegations

Sometimes, allegations arise from ulterior motives, like during tense divorce or custody disputes. In these cases, an experienced attorney examines all relationships involved—between the defendant, the child, and the accuser’s family—to uncover potential biases or motives. This approach may reveal inconsistencies or motivations that undermine the prosecution’s case.

Facing allegations of child sexual abuse is life-altering. Even an accusation can disrupt personal and professional relationships, while a conviction carries severe, lasting penalties. A skilled child sexual abuse lawyer becomes your courtroom advocate and strategic guide, taking you through California’s legal landscape. Your attorney will examine evidence, question witness credibility, and build a defense strategy tailored to your unique case, exploring every angle for a fair and just outcome. Let’s look at some of the ways our attorneys can help you.

Protecting Your Rights

Your attorney will safeguard your rights from the start of the case to its conclusion. We protect valuable rights like the right to remain silent and the right to confront witnesses, enabling you to get the vigorous defense you deserve.

Preserving Evidence

An experienced attorney meticulously gathers and preserves vital evidence to strengthen your defense. This process includes collecting witness statements, verifying alibis, and safeguarding physical evidence.

Developing a Defense Strategy

Your attorney will work with you to develop a strong defense strategy based on the specific facts of your case. This strategy may involve challenging the prosecution’s evidence, raising questions about the credibility of witnesses, or negotiating a plea bargain.

Mitigating the Damage

A conviction for child sexual abuse can leave you with lifelong and devastating consequences. An attorney can work to minimize the potential damage to your reputation, career, and personal life.

Talk to an Experienced Child Sexual Assault Attorney in Riverside or San Bernardino

California law is tough on sex offenders, especially when minors are the alleged victims. A lengthy term of incarceration, hefty fines, and other penalties like inclusion on the sex offender registry may take away the defendant’s freedom and ruin their reputation. A conviction of a sex crime may also make it very difficult to find employment and housing, and it may interfere with other opportunities, such as higher education or military service. As an experienced San Bernardino and Riverside child sexual assault lawyer, Gregory Comings can work zealously to level the playing field against the police and prosecutors. He can make sure that your rights are not violated, and he will do everything in his power to seek a favorable outcome for his clients. To schedule a consultation, call or contact us online. In addition to child sexual assault, Attorney Comings also assists people who need a child pornography attorney or representation against charges of other sex offenses.

FAQs

What Should I Do If I’m Falsely Accused of Child Sexual Abuse?

If you’re facing false accusations, stay calm and limit discussions to your attorney. They’ll guide you in documenting any suspicious motives behind the claims and safeguard your rights during every stage of the investigation.

Can Child Sexual Abuse Charges Be Dismissed Before Trial?

Child sexual abuse charges can sometimes be dismissed before trial, especially if evidence was gathered unlawfully or the prosecution lacks proof beyond a reasonable doubt. Meeting with a child sexual abuse attorney early on improves your chances for a favorable pretrial outcome.

What Are the Potential Penalties for Child Sexual Abuse Convictions in Riverside?

Convictions for child sexual abuse carry severe penalties beyond incarceration and possible lifetime sex offender registration. Such convictions can negatively impact your employment and housing opportunities. In some cases, you risk custody of and visitation with your children. The specifics vary depending on the nature of the offense, previous criminal record, and other factors. 

How Much Does a Child Sexual Assault Attorney Cost?

The cost varies depending on the complexity of the case. Some lawyers offer sliding scale fees or payment plans to accommodate clients’ financial situations. Our team is available to discuss our fees and payment structure. 

Resources:

• Cal Pen Code § 290, link