Consent is the most common defence in rape cases, which means that a sexual encounter was voluntary.
The most common defence or theory of defence in child molestation cases is that the youngster is lying, exaggerating, or was improperly influenced by others surrounding the child. There are all kinds of defences that one could use in court, but that doesn’t mean it’s viable.
Of course, everyone accused of a sex offence has the right to a presumption of innocence and to have their case proven beyond a reasonable doubt by a jury. This is so important in today’s world when it comes to finding out the truth and seeking justice, regardless of the situation.
After all, how often do you see people retract sex crime allegations? It’s more common than you think.
Either way, if taken to court, it’s up to you to pursue a defence case that’s going to prove your side of the story, so to help you along the way, here are some of the key cases you need to be thinking about.
What Are the Consequences of a Sexual Offense Conviction?
The severity of the offence determines the consequences, which can range from a local county jail for a misdemeanour to sex offender treatment. This can also include formal supervised probation, or you may even get sent to state prison for a life sentence without the chance of release, but this typically happens in extreme cases.
You can be sentenced to life as a sexually violent predator for some major sex offences, and you can also be forced to register as a sex offender for the rest of your life if you commit certain sexual offences.
For the rest of their lives, anyone convicted of certain sexual offences must register with their local law enforcement agency. For some minor sex offences and every felony sexual offence, you may be compelled to register.
Megan’s Law also permits the public to examine information about sex offenders who are required to register with local law enforcement in California. To find out more on this, you’ll need to talk to a skilled sex crime attorney today.
What if you’re a Juvenile?
If a juvenile is convicted of a sex crime, they may be compelled to register, but this information will only be made public if they were sentenced to the Department of Juvenile Justice; if their case was adjudicated locally, it will not be made public.
Is it possible to have a sex offender conviction expunged or to be removed from the sex offender registry?
If they get a certificate of rehabilitation, some minor sexual offences in the undisclosed category of the sex offence registry may be exempt from the lifetime obligation to register. Depending on the offence, you can apply for a certificate of rehabilitation seven to 10 years after you’ve been released from custody.
If you were not sentenced to prison, you might be eligible for expungement. However, if you successfully complete probation, you can petition to have the case expunged, which means the case will be dropped and will no longer appear on your record, though you will still be required to register as a sex offender.
Can I Use a Public Defender or Self-Representation to Help Me Defend a Sexual Offense?
Engage the services of an expungement attorney. It’s rare you’ll be able to get far without the assistance of a professional who knows what they’re doing and who understands how the system works.
In any court hearing, but especially in a sex crime case, you should never represent yourself. You should engage a private counsel if you can afford or borrow the money; otherwise, you should accept the court-appointed attorney or a public defender rather than representing yourself.
As you can see, there are plenty of defence stances you can take, but it all depends on the individual circumstances of your case and what you’re trying to achieve. Whether you’re seeking a reduced sentence, paying for a mistake, or trying to prove your innocence, it’s important to know you have options available to you.