Statutory Rape Law is Tricky – Here’s What You Need to Know

lawyer-in-court-roomBy Lawrence Wolf

Part of the complexity related to statutory rape law is the fact that each state has its own unique set of laws and different spin on the laws. Because the laws vary a great deal from state to state, it’s important to learn the laws where you live – specifically as they pertain to the following criteria.

Age of Consent

This is the age at which the state believes a person can legally consent to having sex. California Penal Code Section 261-269 identifies the age of consent for the state of California as 18 years of age. Before 18 years of age it is only lawful for a minor to have intercourse with his or her spouse.

Level of Offense

It’s not all about the age of the minor. The age of the perpetrator also impacts the “degree” of the transgression. For instance, in California those who engage in unlawful sexual acts with a minor and are within three years of the age of the minor are guilty of a misdemeanor offense. Those who have more than three years difference in age may be held guilty of a misdemeanor or a felony – as is anyone who is over the age of 21 and has unlawful intercourse with a minor under the age of 16.

While there is wide recognition of the flaws in current statutory rape law, there is little being done to address the problems the laws create. In fact, newer laws have extended the reach by raising the age of consent from younger ages to 16 from 18 in most U.S. states.

That’s why it’s so important to work with an experienced criminal lawyer. Los Angeles residents accused of statutory rape should reach out to the Law Offices of Lawrence Wolf. Call now at [number type=”1″], or go to our website:www.youareinnocent.com.

Schools Look at New Methods for Preventing Sexual Assault on College Campuses

university-lecture-300x205Throughout the United States, colleges are changing the way they address sexual assault, preventing sexual assault on college campuses. After the federal government passed the Violence Against Women Reauthorization Act this summer, colleges are facing new rules and regulations regarding the way they handle sexual assault on campus. This new policy requires that students are trained on what consists of a sexual assault, and what to do if you are a bystander that is a witness to this crime.

Students are now required to attend orientation on campuses that specifically identifies what sexual assault is, and what one can do to help prevent the crime from occurring. With sexual assaults on campus growing, it’s time for colleges to take a hard look at educating new students from the beginning about sexual assault.

Bystanders often don’t know what to do in the case of an impending sexual assault. Colleges are now required to teach students to act if they see the potential for a sexual crime to occur. For example, if a young woman is highly intoxicated at a party, and a bystander notices she is being carried to a private room in a house, it’s important for the bystander to say something before a sexual assault occurs.

The way colleges and universities respond to sexual assault is also under scrutiny, and the new guidelines require adequate reporting of all sexual assaults on campus in a timely manner. With campuses mandated to reported sexual crimes, they are more motivated than ever to put a stop to this delinquent behavior.

Consent is an important factor to sexual assault, and it’s important to know what consent constitutes state by state. In all states, if a woman says no, she means no, and this is not a form of consent. In other states, saying yes constitutes consent, but both parties must be of equal mindset at the time of the incident.

Call now at [number type=”1″], or go to our website: www.youareinnocent.com if you need a sexual crime attorney.

Sexual Assault on College Campuses: Balancing Student Safety with the Rights of the Accused

university-sign-300x199Sexual assault is an increasingly common problem on college campuses in California. Unfortunately, in their efforts to address this issue, many campuses go too far. In the aftermath of a few recent and well-publicized incidents, several campuses are pushing for or have already implemented concerning measures that could infringe on the rights of alleged student offenders. According to the Los Angeles Times, California lawmakers are aware of these measures and are currently looking into a proposal that would require schools to be more transparent about their means of disciplining student offenders. 

Although it is important for schools to address the growing problem of sexual assault on college campuses, some skeptics worry that colleges currently lack the resources necessary to properly investigate complaints involving sexual harassment and assault. College tribunals are notoriously unreliable — and their efforts often result in devastation for accused student offenders. One of the most notable and concerning examples of this phenomenon involved a UC San Diego student who was not allowed to question the accuser during a university hearing.

The role of alcohol in sexual assault cases is of major concern, as intoxication of both the accused offender and victim is often a factor. With such hazy memories, it can be difficult to determine whether the victim’s accusations are valid. Often, no witnesses are present to shed light on the victim or the accused individual’s claims.

The current sexual assault proposals involving California universities have passed in one house and are pending in the other. If this legislation is implemented, it will be more important than ever for accused individuals to seek counsel from a reliable criminal defense attorney in Los Angeles. Alleged student offenders may be forced to contend not only with the California criminal justice system, but also the universities they attend or attended at the time of the incident.

For a consultation with an experienced criminal defense attorney in Los Angeles, call now at [number type=”1″], or go to our website: www.youareinnocent.com

California Supreme Court Decision Relaxes Residency Rules for Registered Sex Offenders

Los-Angeles-View-300x200Following a recent decision by the state Supreme Court, California’s Department of Corrections and Rehabilitation is modifying its rules restricting where convicted sex offenders can live.

The department and the state’s Supreme Court justices agreed that a 2006 ballot measure imposed requirements that made it too daunting for registered sex offenders to find permanent housing, KGTV San Diego reports. As a result, the number of transient offenders increased, making it more difficult for parole agents to monitor some 6,000 offenders throughout the state.

As of the end of February, the state reported more than 1,400 registered sex offenders who did not have a permanent address. About half of those were convicted of sex crimes involving children, the state corrections department notes.

State Supreme Court: Ban too restrictive

In March, the California Supreme Court struck down Proposition 83, the Sexual Predator Punishment and Control Act, which enforced monitoring for life of “sexual predators” and the implementation of “predator-free zones.” The measure, also known as “Jessica’s Law,” prevented registered sex offenders from living within 2,000 feet of parks or schools where children congregate. The court’s ruling provides that the restriction now will apply only to registered sex offenders whose crimes involved children and to those at high risk of committing additional offenses.

In response to the ruling, the state corrections department in April announced that in lieu of the blanket ban, parole agents would determine residency constraints individually for the state’s 6,000 registered sex offenders.

Unfair application?

The state of California is not applying the new guidelines equitably, a criminal defense lawyer representing registered sex offenders argues. Several counties and cities in the state have nullified their restrictions, while others continue enforcement. In addition, state legislators say they intend to introduce measures that would impose new restrictions.

In 2007, the Adam Walsh Child Protection and Safety Act became law, introducing new requirements for registered sex offenders throughout the United States. Laws can differ in each state, however. For a consultation with an experienced criminal defense lawyer, contact The Law Offices of Lawrence Wolf at [number type=”1″].

California Criminal Defense Lawyer Handles Global Child Sex Case

hands-in-handcuffs-624x386In a recent federal court case, a federal grand jury charged California resident Blake Robert Johnston with several counts of sex-related crimes. Investigators discovered hundreds of illicit photos of minors on Mr. Johnston’s computer. Online records detail Mr. Johnston’s attempts to coerce underage children to engage in sexual activity. Mr. Johnston was also charged with transporting children to engage in criminal sexual activity.

As this wasn’t Mr. Johnston’s first infraction involving a minor, the penalties will likely be less lenient. In October 2014, Mr. Johnston faced multiple counts of leaving the state to perpetrate sex-related acts with a minor, reports state. Investigators are looking into the case to determine the scope of Mr. Johnston’s crimes, some of which they believe took place outside the country.

Sexual Assault Investigations

The U.S. Immigration and Customs Enforcement (ICE) found Mr. Johnston’s sexual crimes to involve over 30 possible victims spanning a dozen states and several locations overseas. Investigators now believe that the crimes may involve hundreds of minors, whom Mr. Johnson either traveled to meet with intent to engage in sexual activity, or prepared travel plans for them to meet him.

Sex crime investigations can be lengthy and complex. The attorneys at The Law Offices of Lawrence Wolf have not only defended people charged with sex crimes, but have prosecuted hundreds of cases to secure justice and compensation for victims of sexual abuse. In California, laws regarding sexual abuse involving a minor differ from other U.S. states. If you’re under investigation for a sexual felony or misdemeanor, you need a lawyer well-versed in California-specific sex offender law.

Contact an Experienced California Criminal Defense Lawyer

Sex-related crimes are among the most serious and complex. Both the victim and the accused deserve professional, experienced sexual assault representation. The sexual assault defense attorneys at the Law Offices of Lawrence Wolf have fought for juveniles and adults charged with sexual assault. They specialize in securing alternatives to incarceration and have built relationships with judges and fellow defense attorneys across California.

Not all cases of sexual offense are clear cut. If you’ve been accused of a sex-related crime, The Law Offices of Lawrence Wolf, Los Angeles Criminal Defense Lawyers, can give you a free consultation. They have helped thousands of people charged with felonies and misdemeanors in California, and they can help you, too. Call now at [number type=”1″], or visit their website at www.youareinnocent.com.

Mandatory Minimums for Campus Rape Could Come to California

According to Reason.com, California state legislators are considering a new bill which would impose a two-year mandatory school suspension for any student convicted of a sexual assault by a campus disciplinary hearing. Das Williams (D) introduced the first-of-its-kind bill to address concerns that the state’s academic institutions are not taking on-campus sexually-based assault seriously enough. Currently, 11 universities and colleges in California are under federal Title IX investigations for the way they have handed previous sexual misconduct cases. The proposed bill would affect all of California’s private and public institutes of higher learning accepting government-funded financial assistance for their students.

William’s bill comes on the heels of the “only ‘yes’ means ‘yes’” affirmative response sexual consent legislation passed in 2014. The 2014 law requires “ongoing, enthusiastic, affirmative consent” throughout a sexual encounter, without the need of accuser to outright verbally refuse sexual activity. The affirmative response sexual consent law has been highly criticized for being impractical, and for switching the burden of proof from the accuser, to the accused.

While a school suspension may seem to be an inadequate punishment for a sexual crime, the proposed bill, combined with the affirmative response sexual consent legislation, may lead to punishment for activities which are considered legal outside of an academic setting. Opponents of the bill claim imposing mandatory minimums for all cases is inappropriate, and suggest any accusation of a sexual assault should be handled by the police and the court system, instead of campus security and the institution’s disciplinary board.

Even supporters of stricter on-campus sexual assault guidelines have their own doubts about the proposed bill.

 

  1. Daniel Carter, who works with victims of sexual crime through the VTV Family Outreach Foundation, thinks passing the bill may reduce the number of reported sex crimes on campus. Carter feels William’s bill is well-intended, but fails to take into consideration the complexities of campus sexual assault, along with the mindset of many rape victims. He believes the first concern of lawmakers and educational institutions needs to be the welfare of the victims.

The slippery slope of defining a sex crime can affect even well-intended individuals. If you find yourself accused of sexual misconduct, you need to speak with a California criminal defense lawyer as soon as possible. The Law Offices of Lawrence Wolf has been defending the rights of the accused for over 40 years. Call now at [number type=”1″], or go to our website.

14 LA High School Students Accused of Sex Crimes, 10 Arrested

Teen-in-handcuffs-300x200Explicit photos and other evidence led to the arrest of 9 Venice High School students who are accused of committing lewd acts on a minor. All of the students arrested were male and all were between the ages of 14 and 17; names were not released due to the age of the students in question. Officers arrested the students at school while classes were in session.

A 10th student turned himself in shortly after the arrests, while four remain at large. While the students have been arrested, officers are still conducting an investigation into incidents that occurred over the last year. Photographs and other physical evidence points to incidents ranging as far back as 2013; the most recent assaults happened in the past two months.

According to the a piece on the arrests in the LA Times, many of the incidents in question happened in the early part of 2015 and involved multiple male students coercing female students into sexual activity. Threats of reputation damage, peer pressure and other threats were used to compel the female students into participating in sexual activity, according reports close to the investigation.

While this case has made local headlines and is likely to be in the news for a long time to come, even smaller scale sexual assault cases can wreak havoc with both the victims and the accused. It is important to remember that those arrested and accused are just that – accused of a crime, not convicted of one.

If you have been accused of a sexual assault or related crime, retaining a knowledgeable and experienced sex crime attorney is a must. Any allegations can be terribly damaging not only to your freedom, but to your reputation and livelihood as well. A criminal law Los Angeles attorney is a must if you have been accused or are worried about being accused of a crime of a sexual nature.

Knowing your rights is essential, and retaining a knowledgeable attorney is the only way to protect yourself. Attorney Lawrence Wolf is on your side, with 40 years’ experience in the LA area. His team has successfully defended both minor and adults who have been accused of crimes of a sexual nature and is here for you when you need them most. Don’t wait — contact our experienced defense attorneys at [number type=”1″] or visit the website today to get the representation you need at this critical time

Criminal Charges Filed Against Bill Cosby

Comedian and actor Bill Cosby has been facing sexual assault accusations for weeks by more than 20 women. Now one of his accusers is filing criminal charges, according to TMZ and other reports.

On Wednesday, Model Chloe Goins filed criminal charges with the Los Angeles Police Department against Cosby. She claims the comedian drugged and sexually assaulted her in 2008 at the Playboy Mansion. Goins says she woke up naked in a bedroom. At the time, she claims Cosby was masturbating and sucking her toes. She claims something was placed in her drink.

She was 18 years old at the time, she claims.

The incident occurred over six years ago. In the state of California the statute of limitations for sexual assault (excluding rape) is six years. It is unclear if Goins is going to allege rape.

Since the filing, TMZ reported that Cosby and his team have contacted the Playboy mansion asking for any surveillance footage and names of employees and guests on the night of the incident. TMZ claims Cosby’s team also asked if any other Playboy models would be coming forward with similar accusations.

At the LAPD, Goins and her lawyer Spencer Kuvin spoke to media, saying that the filing was for the sake of accountability and for justice.

The comedian has denied any involvement in any of the accusations through his lawyer. The LAPD will begin an investigation on the sexual crime allegation.

Lawrence Wolf provides skilled sex crime representation for 40 years in Los Angeles. He has prosecuted and defended both children and adults when it comes to misdemeanor and felony crimes. Either of these charges are very serious and carry life-altering consequences and sentences. If you or a family member or friend has been arrest for a sex crime in the Los Angeles area, please call our experienced sexual crime defense lawyers today at [number type=”1″]. You can submit your case online via our website.

Reviewing California’s 2014 ‘Yes Means Yes’ Law

Last September, California signed the “yes means yes” bill — new legislation to help campus officials better assess rape allegations and sexual assault at colleges and universities (who accept state financial aid).

The bill changes the meaning of sexual consent. Each party must make “an affirmative, unambiguous and conscious decision” to participate in sexual activity together. Instead of “no means no,” the new bill creates a new, empowered situation for college students. The absence of resistance or silence can no longer be considered consent.

In a majority of states, sexual assault is defined by any kind unsolicited physical touching with a sexual organ. Most sexual assault or abuse crimes are considered felonies in the state of California.

‘Yes Means Yes’ Specifics:

  • Colleges and universities who accept state funding for student financial aid must agree that silence, drunkenness or lack of resistance does not equal consent when they investigate sexual assault claims on campus.
  • Kevin de Lion (D-Los Angeles) pushed the bill forward.
  • Campuses must create “victim-centered” sexual assault response policies. Comprehensive programs to help prevent assault from occurring in the first place must also be created and implemented.
  • The bill applies to both public and private post-secondary schools that accept state money for financial aid.

The University of California and California State University supported the legislation following the adoption of consent standards earlier in the year that mirrored the bill. The new bill should help to nullify the ubiquitous and false idea that if sexual assault is not violent, then it is consensual.

Sexual crime attorney Lawrence Wolf has 40 years of experience dealing with sexual assault cases of all kinds. He understands the severity and sensitivity of your situation. Feel free to call his office at [number type=”1″], or email him your case at LW@youareinnocent.com. Learn more about Wolf at youareinnocent.com.

Registered Sex Offender Arrested for Allegedly Videotaping Girl in Valencia

A 69-year-old registered sex offender has been arrested for allegedly videotaping girls in Los Angeles County. According to a CBS Los Angeles news report, the arrest was made after detectives received a report of the man taping a girl at a Target store on Magic Mountain Parkway in Valencia. During a search of his home, officials allegedly found tapes that he made at the Santa Monica Pier, Real Life Church, Target, and Walmart. According to an online search, he is a registered offender for a number of convictions including lewd or lascivious acts with a child less than 14 years of age by force of fear.

Sex offenders have their personal information posted online. They have to register with their local law enforcement on a regular basis. The very places in which they are allowed to live and work are restricted by the terms of their probation. Offenders in Los Angeles are often scrutinized and vilified by their neighbors and by the authorities.