Sex Offenses
Why It’s Time to End Sex Offender Registries
There is almost no category of criminal offenses that is as universally despised as sexual offenses. At the mention of this category of crimes, most people’s minds go to rape, child molestation or child pornography. Those who commit these crimes earn very little sympathy from the public, so it is not surprising that the punishment for these crimes is extremely harsh. One such punishment can potentially last for a lifetime,…
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Is Stranger Rape the Only “Real Rape” in Los Angeles?
In 2012, the U.S. Justice Department funded a research report that revealed some startling attitudes toward the crime of rape in the Los Angeles Police and Sheriff’s Departments.1 The study’s authors examined clearance statistics for sexual assaults in the City and County of Los Angeles, and interviewed several police officers, sheriff’s deputies, detectives, prosecutors, and victims, getting their views on the nature of this crime and how the victim’s own…
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Federal Lawsuits Challenge Sex Offender Restrictions in California
A lawyer from Santa Maria is on a mission to curb restrictive laws passed in California communities affecting the daily lives of registered sex offenders that she says violate the California and U.S. Constitutions. Janice Bellucci, a civil rights attorney and president of California Reform Sex Offender Laws (California RSOL), has filed complaints in the Central and Eastern U.S. District Courts of California challenging restrictions enacted in the cities of…
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Did Actor James Franco Entice a Minor for Sex on Instagram?
35-year-old actor James Franco, famous for his roles as the gay lover of Harvey Milk in the feature film "Milk" and the villain Harry Osborn in "Spiderman 2" and "Spiderman 3," has gotten himself into a sticky situation. He may have just added "creepy old dude" to the long list of credits next to his name. Recently, Franco met a 17-year-old teenager named Lucy, a Scottish girl on vacation with…
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Los Angeles County’s “First Step” in Helping Young Sex Trafficking Victims
Attitudes toward any sexual behavior involving minors are very intolerant. However, minors account for 12% of all rape incidents and 19% of all other sex crimes are against minors, according to the U.S. Department of Justice Office of Juvenile Justice and Delinquency.1 California law has historically shown a similar attitude towards minors, especially those who engage in prostitution, by prosecuting them and considering them juvenile delinquents. In fact, between 2000…
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What is the Statute of Limitations for Statutory Rape in California?
For most crimes in California, the prosecutor must file a complaint against a defendant within a specified amount of time. This period, prescribed by the California Penal Code, is known as the "Statute of Limitations." In order to be criminally prosecuted, the prosecutor must ensure that a complaint is filed against your for the criminal activity before this statutory period elapses. If the statutory period lapses, you cannot be convicted…
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California Requires You to Register as a Sex Offender Even if the Trail Court Did Not Order It
If you are convicted of a sex crime in California, you will likely be required to register as a sex offender for the rest of your life as part of your sentence. Even if you are not initially sentenced to lifetime sex offender registration, California may try to require you to register. In a recent case, the California Court of Appeal ruled adding registration requirements after a sentence was served…
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I am Accused of Annoying or Molesting a Child Under the Age of 18. What Do I Need to do Know? (PC 647.6)
At a recent family party, you spent time "catching up" with your 17-year old niece. You considered your behavior to be completely appropriate, but are now being charged with annoying or molesting a child under the age of 18 in violation of California Penal Code section 647.6. You do not have to face this charge alone. The attorneys at Wallin & Klarich have an impressive record of successfully defending PC…
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Extending The Statute Of Limitations In Sex Crimes Cases Where The Defendant’s Identity Is Discovered Through DNA Evidence (PC 800-805).
Introduction According to California Penal Code 803(g), a "criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing" for any sex crime listed under PC 290(c). So, what does this mean? When a defendant's identity is discovered through DNA evidence in a sexual offense case, the statute of limitations may be extended for up to one…
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Indecent Exposure in California – PC 314
An indecent exposure charge can have long-lasting severe consequences on your life. Not only is your freedom at stake but your reputation is also in harms way. If you face indecent exposure charges under PC 314, it is important that you immediately contact an experienced criminal defense law firm. Prosecution of Indecent Exposure The prosecution must prove the following two elements in order to convict you of indecent exposure: •…
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