Damico & Stockstill, Attorneys at Law

Posts tagged "Sex Offenses"

Statutory rape and factors affecting severity of the charges

Statutory rape is classified as any act that involves sexual relations taking place with someone that is underage or below the specified age of consent. This is classified as rape because someone under the age of consent cannot legally give their consent to a sexual act even if they are willing.

How often are men falsely accused of sex crimes?

Over the past several years, we've been hearing a lot about the rapes and sexual assaults that have become commonplace on our college campuses. But how much of it is true and how much is hysteria? A new book called The Campus Rape Frenzy set out to explore that topic, not to discredit the many women who are touched without consent or raped in the halls of higher learning. Rather, to shed light on the actual facts as much as that is possible.

How do the courts handle sentencing for sex offenses?

There may be no other area of law that's as stigmatized as sex crimes. The mere accusation of sexual misconduct can besmirch reputations, ruin careers and destroy lives. Sex offenses have brought down some of the most powerful people in the world, some of whom were completely innocent. Sex crime charges also carry severe penalties with them, whether you're a first time offender or you've been convicted before.

Common forms of defense against sexual assault charges

Sexual assault is generally defined as the act of touching or feeling another person's body in a sexual manner without their consent and includes acts that range from simple unwanted touching of the body and groping to attempted rape. While sexual assault is no doubt a heinous crime and victims do deserve justice, it is also true that false allegations are common. There is a number of defenses that are used to protect the defendant.

Common defenses to sexual assault charges

Sexual assault refers to any non-consensual, offensive and unwanted sexual touching by the alleged offender. There are several different types of sexual offenses ranging from rape to assault and battery. The elements of sexual assault require it to be proved that:

  • There was sexual contact
  • Sexual contact was involuntary, and
  • The offender used force or coercion.

Types of defense strategies used in sexual assault cases

Sexual assault charges are extremely serious and could lead to severe consequences for the defendant. Those found guilty of sexual assault could face several years in prison. Even after they get out of prison, they will have to live difficult lives because their name will be registered on the sex offender registry. When facing sexual assault charges, it is important to have a clear defense strategy. There are several different strategies used by defense attorneys to protect their clients.

Facing solicitation and prostitution charges

Prostitution is also known as the oldest profession. Streetwalkers, brothels, call girls and other escort services have been famous throughout history and are still a reality in the United States. Typically, it is illegal to engage in any sexual act and receive compensation in return. This is a complicated law because it requires catching the offenders during the act and having conclusive evidence that compensation was being exchanged.

Registering as a sex offender

Each state has a sex offender registry by which they keep track of convicted sex offenders in the district. The registry is a database that is open to public view and contains information about the convicted offenders. The requirement that places one in the registry differs between states. Some regions follow Sex Offender Registration and Notification act's (SORNA) standards, whereas others have implemented entirely different laws.

Possession of child pornography

Possession of pornographic material that portrays a minor has been declared illegal by several federal and state laws. Due to the increase in information technology and social media activity, the laws are being utilized to punish Internet offenders. Those involved in the possession, sharing and distribution of child pornography face severe charges and ramifications.

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Damico & Stockstill, Attorneys at Law

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