Sexual Assault FAQs

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These are some of the most commonly asked sexual assault questions:

How Are Sex Offenses Punished?

The punishment for sex offenses differs according to the category of the offense. For instance, a misdemeanor sex crime such as indecent exposure may attract a jail term of less than one year, community service, counseling, a fine, probation, and community service. On the other hand, a felony can attract a lengthy prison term – up to life imprisonment.

Can Consent Be Argued as a Defense to Sex Crimes?

Consent can only be counted as a defense to certain sex crimes. There are individuals who the law doesn’t allow to consent to sexual activities. Even if they agree to sexual intercourse, the agreement is not legally binding. Such people include minors, the mentally disabled, and intoxicated or unconscious individuals.

What Is Entrapment?

Sometimes police officers may disguise themselves as prostitutes or minors in order to catch sex offenders while committing or in the process of committing sexual crimes. Entrapment refers to the action of the police inducing a person to commit a sexual crime they didn’t intend to commit in the first place.

Does Lying About Age Qualify to Be Statutory Rape?

A mistake on the age of a person is not automatically a defense to statutory rape charge – regardless of whether he underage person lied about their age and granted consent. It is counted as a “strict liability offense” where the perpetrator is considered liable.

What Is the Distinction or Difference Between Rape and Sexual Assault?

Most states have abandoned the use of the term “rape” and replaced it with sexual assault or sexual abuse.

What Is Probable Cause?

“Probable cause” is a term used to refer to the fact that a person has committed a crime by legal standards. The finding of probable cause may result in an arrest or conviction.

Who Must Register as a Sex Offender?

Any person (adult or juvenile) who has ever been convicted of any sex offense and maybe on active supervision or a person who has been identified as a violent sexual predator is required to register with the state law enforcement agency.

What Are the Defenses to a Sex Offense?

Typically, the defenses to a sex crime include factual innocence, tainted or insufficient evidence, and mistaken identity.

Schweitzer & Davidian have some of the most experienced defense lawyers. Our driving force is the desire to protect the rights of our clients and to ensure they do not end up in jail by all means.

For more information on how our team of trusted Fresno criminal defense attorneys can help, call our team today (559) 206-2322 to schedule your free, confidential case evaluation.