Los Angeles Sexual Assault Lawyer

Los Angeles sexual assault lawyer

Sexual harassment is a grievous crime recognized all over the world. Defendants accused of sexual assault are dealt with the most severe penalty, such as lifelong imprisonment and hefty fines.

If you're on the receiving end of this penalty, you need to hire a knowledgeable and experienced Los Angeles sexual assault lawyer who will help you prove your innocence.

At Olen Firm Criminal Defense Lawyers, we understand how much is at stake for you. Our legal team will stop at nothing to help you get the best possible outcome in your case. We have successfully defended numerous clients against sexual assault charges, and we can do the same for you.

Schedule your consultation today to learn more about how we help sexual assault defendants fight for their rights.

Trust Our Reliable and Experienced Los Angeles Sexual Assault Attorneys for an Honest Representation

Reliable and experienced sexual assault attorneys

Experienced representation matters most when your future is at stake. You need an advocate who knows how to navigate the criminal justice system and will fight for the best possible outcome in your case.

The sexual assault lawyers at Olen Firm Criminal Defense Lawyers have successfully represented many clients accused of various sexual assault cases.

With over a decade of expertise in this area of criminal law, we know what it takes to win. Our attorneys will thoroughly investigate your case, looking for any evidence our team can use to your advantage.

Different Types of Sexual Assault

Sexual assault cases exist in various types, depending on the parties involved. In the list below, we've provided some of the more common types of sexual assault cases our criminal defense attorneys handle:

Sexual Assault of the Minor

Sexual assault of the minor

According to the National Center for Victims of Crime (NCVC), sexually abused minors are more recurring than more people thought. Data shows that 1 in 5 girls and 1 in 20 boys are victims of sexual abuse before they turn 18. In addition, the agency's research also shows that 16% of youths aged 14 to 17 are sexually assaulted annually.

Workplace Sexual Assault

In a fact sheet published by the U.S. Equal Employment Opportunity Commission (EEOC), the nation reported 5,581 cases of workplace sexual assault, including touching, attempted rape, and other sexual crimes, in 2021 alone. In their report, around 78.2% of sexual assault reports came from female employees.

Domestic Sexual Assault

Domestic sexual assault

Domestic sexual assault refers to sexual abuse that happens between family members or romantic partners. This type of sexual assault is often underreported because the victim is usually afraid of coming forward out of fear that the police will not believe them or that they will damage their relationship with their partner.

According to the National Coalition Against Domestic Violence (NCADV), 1 in 4 women and 1 in 9 men experienced sexual violence from their partners.

Looking closer at the state of California, 34.9 % of California women and 31.1% of California men experienced sexual and physical violence from their partners during their lifetime.

Understanding Sexual Assault According to California Law

Understanding sexual assault according to california law

Unlike most states, California law doesn't differentiate sexual assault from a sexual battery. In fact, both crimes refer to the same thing here in California.

Under California law, sexual assault or battery refers to any non-consensual sexual touching that happens without the victim's consent. The crime of sexual assault is closely defined under California Penal Code 243.4 PC.

The California Penal Code 243.4 PC

In California, several factors constitute sexual abuse. These elements are as follows:

  • Touch: This is the physical act of touching another person against their will for sexual arousal or gratification. The touching doesn't have to be direct and can happen through the clothing.
  • Intimate part: For the court to consider a valid sexual assault case, the touching must occur on a private part of the victim's body. Intimate parts include the sexual organs, buttocks, and breasts.
  • Against the victim's will: The touching must happen without the victim's consent. If the victim verbally consented to the sexual act but didn't physically participate, it could still be sexual assault.
  • Unlawful restraint: The sexual act must happen while the victim is unlawfully restrained. The restraint doesn't have to be physical but can also be psychological.
  • For sexual gratification: The touching must have been done for sexual arousal, gratification, or abuse.

Possible Legal Penalties

Sexual abuse is a criminal act, and defendants could face severe legal penalties compared to a regular civil claim. Although a criminal case, some victims might also opt to file a civil lawsuit on top of the existing criminal case. Doing it this way allows them to recover a sexual abuse claim without waiting for the criminal case to end first.

Criminal penalties for sexual assault in California vary depending on the circumstances of each individual case, whether the court charges you with a misdemeanor or a felony.

As a misdemeanor sexual assault, you could face the following penalties:

  • Misdemeanor (summary) probation
  • Up to one year in county jail
  • A fine of up to $2,000

As a felony sexual assault, you could face the following penalties:

  • Felony (formal) probation
  • Two, three, or four years in California state prison
  • A fine of up to $10,000
  • Lifetime registration as a California sex offender (Tier 3 offense)

Other Sexual Abuse Cases Related to Sexual Assault

Other sexual abuse cases

Sexual assault is a crime often associated with other sex crimes, such as the following:

Battery | Penal Code 242 PC

Under California Law, "battery" is the crime of using force or violence against another person. The offense is often charged alongside sexual assault because the two usually go hand-in-hand.

Although assault and battery always go hand-in-hand, they have a fine line of difference. Assault means you threatened or acted in a way that would cause another person to reasonably fear violence. On the other hand, "battery" is the crime of using force or violence against somebody.

The battery crime penalty is similar to that of sexual assault. If charged as a misdemeanor, you could face a maximum of one year in county jail and a fine not exceeding $2,000.

If the court charges you with a felony, you could go to California state prison for two, three, or four years and pay a fine of $10,000.

Rape | Penal Code 261 PC

Another crime related to sexual assault is rape, which is further defined in California Penal Code 261. According to this legislation, rape is an act of sexual intercourse with another person without their consent. The lack of consent could be due to diverse reasons, such as if the victim was intoxicated, unconscious, or under 18.

The legal penalties for rape are more severe than sexual assault. If convicted of rape, you could go to California state prison for three, six, or eight years. You're also required to register as a California sex offender for the remainder of your life.

Proven Defenses to a Sexual Assault Claim

Fighting sex crime allegations may seem like a hopeless battle at first glance. However, with the help of a seasoned sex crimes lawyer, you may be able to prove your innocence and avoid severe legal penalties.

Below are some examples of defenses that could work in a sexual assault case:

Lack of Feasible Evidence

Lack of feasible evidence

One of the best defenses you can utilize to counter the claims of a sexual assault victim is the lack of evidence. If there's no concrete evidence to back up the allegations, then it would be hard for the prosecutor to prove you're guilty beyond a reasonable doubt.

In order for the court to convict you of sexual assault, they must have sufficient and objective evidence that you did commit sexual assault.

Misidentification

Misidentification is nothing new to the criminal justice system. In many sexual assault cases, sexual assault victims mistakenly identify the suspect as the perpetrator. This is because they were under extreme pressure during the incident and could not get a good look at their attacker's face.

Suppose you have been wrongly accused of sexual assault because of misidentification. In that case, your lawyer can work on this defense by gathering witnesses who can testify to your whereabouts when the crime happened.

You or your attorney may also be able to prove that you have a solid alibi, which could clear your name from any involvement in the crime.

False Allegations

False allegations

Some sexual assault crimes are the result of false allegations from the victim. Some "victims" would claim a sexual assault occurred when there was, in fact, none. They might do this to get back at the person they're accusing or to take advantage of the legal system.

Unfortunately, sexual assault cases often come down to one person's word against another. In these cases, the burden of proof is on you and your attorney to prove that the allegations are false.

Consensual Sex

One of the most critical elements in sexual assault cases is the absence of consent. If you prove that the sexual intercourse was consensual, you may be able to avoid a sexual assault conviction.

However, this defense could be complicated to support because consent is often a gray area. For example, if the victim was intoxicated at the time of the act, then they may not have been in a state of mind to give their consent.

This is why it's crucial to have an experienced sex crimes lawyer by your side who can help you navigate these complicated legal waters.

How Can a Sexual Abuse Attorney Help You?

If you've been charged with sexual assault, it's vital to seek legal assistance as soon as possible. A qualified and experienced sex abuse attorney can help investigate your case, gather evidence, and build a strong defense on your behalf.

Your criminal defense attorney can request a sexual assault forensic exam to verify the victim's injuries. They can also work to disprove the prosecution's case by finding inconsistencies in the victim's story.

Additionally, a good lawyer will not think twice about taking your case to trial if the need arises. With their help, you can avoid a conviction and severe legal penalties for such crimes.

Contact Our Sexual Abuse Attorneys for Astute Legal Advice

Sexual abuse attorneys

Defendants of sexual assault crimes have lower chances of winning their cases because everyone's eyes are on them. The burden of proving their innocence lies in the hand of their sexual abuse lawyer.

Hiring a competent legal representative with vast experience handling sexual assault cases is the best way to level the fighting ground.

If you're facing sexual assault charges or arrest, please don't hesitate to contact our criminal defense firm for experienced legal assistance. At Olen Firm Criminal Defense Lawyers, we understand how daunting and emotionally draining these charges can be, and we're here to help you.

Call us now at (213) 999-8380 to schedule your first consultation with our legal experts.

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