Criminal Defense Attorney Proves the Sex Offender Registration Imposed 20 Years Ago Violated Equal Protection Rights of Criminal Defendants

Twenty years after a sex offender was convicted by a jury of oral copulation with a minor and was required to register as a sex offender, the offender moved to lift the lifetime registration requirement. The Superior Court denied the motion.

In Lewis v. Superior Court, 169 Cal.App.4th 70, the California Court of Appeal held that mandatory sex offender registration violated defendant’s equal protection rights as stated in People v. Hofsheier (2006) 37 Cal.4th 1185.

Neither the circumstances surrounding offender’s conviction for oral copulation with a minor under the age of 18, nor the offender’s subsequent criminal history demonstrated that the offender was likely to commit similar offenses in the future so as to justify sustaining the discretionary imposition of the lifetime sex registration requirement.

At the time of the original offense the victim was 17 years old and the offender was 22, suggesting that the offender was not compelled to act on account of the victim’s youth. There was not substantial evidence that the offender used force on the victim or coerced her into acting against her will, and in 20 years since the conviction the offender committed no offenses, or similar offenses that would have required him to register as a sex offender.

If you or a loved one has been registered as a sex offender it is incredibly important to choose the right attorney and the right law firm to represent you. The Wallin & Klarich top criminal defense attorneys in California know what it takes to defend their clients in sex offender cases, and you can speak to one of their attorneys by calling now at 888-280-6839, or you may go to our website at www.wklaw.com for more information about setting up an appointment.