Category Archives for Sex

Sexually Violent Predator

Sexually Violent Predator

Sexually Violent Predator. A sexually violent predator (SVP) is a person who has been convicted with a sexually violent offense with one or more victims, and has a mental disorder that makes it likely for him/her to engage in another sexually violent behavior. Sexually violent offenses includes a lot of California’s sex crimes. However the core issue is that it uses force, violence, and threats while committing a sexual act. These can include rape, sodomy, oral copulation. Engaging in lewd acts with minors. Kidnapping with the intention of committing sexual crimes. And assault with the intention of engaging in a sex crime. Although all sexually violent predator are sex offenders, only a very small number of sex offenders are sexually violent.

What determines a sexually violent predator?

The California Board of Parole Hearings will decide whether an inmate is a potential sexually violent predator. This happens about half a year before the inmates release date. If the Board believes that the inmate can b ea potential sexually violent predator then they send the inmate to the California department of mental health sex offender commitment program evaluation unit. The department of mental healthsexually violent predator (DPH) will look at the case and will extend the prison/jail sentence if needed. They will check the case and his/her criminal history to see if he/she meets the criteria for an SVP. If he/she does meet the criteria then the DPH will hire two clinicians (mix of psychologist, psychiatrists) to do an in-depth physiological test. This is to see if the inmate has a mental disorder, and if they do, how likely will they commit another sexually violent crime once released.

How to get Re-released

You will have to go have to go through a yearly review and the Department of Mental Health will see if you are okay to be released on a conditional release program. If conditionally released you will be monitored 24/7. This will include unannounced visits, drug tests. Checkups and GPS monitoring devices. And other surveillance to make sure you are taking the approved routes to/from work and home. An unconditional release will have a parole agent to supervise you for 10-15 years. However you will still be registering as a sex offender for life.

If you or a loved one is registered as an sexually violent predator and need help, speak to an attorney for advice.

Sexual Battery & Assault

Sexual Battery & Assault

Sexual Battery & Assault. Sexual battery & assault makes it a crime to touch the intimate parts of another against their will for sexual desire. The “touch” means that you made contact with the victim directly or through clothing. Intimate areas includes sexual organs, anus, breasts, or the butt. Against their will means that if you did not get their consent then its a crime. If they gave their consent because you lied them, you can still be charged. Unlawful restraint happens when the victim is controlled through words, acts or authority against their will. Example would be a professor keeping a student in the room blocking the door with a chair. Depending on the case, the sexual battery can be a misdemeanor or a felony. It can be a felony if the victim was unaware due to a professional practice (ie. medical, massage). Or if the victim was restrained unlawfully. If the victim was medically or seriously disabled. And if they were forced to masturbate or touch your/others intimate area. It can be a misdemeanor if you fondled with a stranger’s breasts without their consent. It can also be a misdemeanor if you put your hands on someone’s butt without their consent. Some examples of felony sexual battery & assault include forcefully taking off someone’s pants. Another is if a professional massages his patient’s breasts for medical purposes.

Punishment for Sexual Battery & Assaultsexual battery & assault

If convicted of a misdemeanor you could see up to 6 months in jail. Up to a $2,000 fine ($3,000 if it was an employee). And an informal probation up to 5 years. This could be community service, batterer’s education program, or a program designed to cope with sexual desires. And/Or you will be required to register as a sex offender for a  life. As a felony you can see a formal probation. Up to 4 years in prison (5 if there was great bodily injury). Up to a $10,000 fine. And/Or you will be required to register as a sex offender for life.

If you were charged with sexual battery & assault, find an attorney to consult with.

Statutory Rape PC 261.5

Statutory Rape

Statutory Rape is also known as having sex with a minor. A minor is anyone under the age of 18. Statutory rape happens whether or not the sex itself was consensual by both parties. This means that even the minor could have started it, but the reality is that he/she is under 18. This means that statutory rape happens a lot, and this is considered a crime. This means that even couples who are under 18 are not even safe even though they know what they are doing. This is because they are not at the age of consentstatutory rape.This law was to prevent those from seeking under aged but sexually active or curious minors. Although the law seems very one sided it is still possible to defend against. The problem with this “crime” is that its a mostly he said, she said case and contradicting evidence can put you in a bad spot. There are 3 main conditions that have to be proven to be charged with statutory rape. That there was penetration doesn’t matter how slight. That the two were not married to each other. And that at least one person was under 18 years old.

Punishments for Statutory Rape

Being charged with Statutory Rape will be charged as either a misdemeanor or a felony. It depends on the circumstances and facts of the case. One that will be heavily considered and weighed is the age difference between the two parties. If there was a 3 year gap then it will always be a misdemeanor. misdemeanors can see a probation a year in jail and up to a $1000 fine. If there was more than 3 years then it can be either or. If the minor is under 16 while you are over 21 then you see the most severe punishments. This could include up to 4 years in prison. Its important to know here that both parties will be liable. This means even as the minor (or the victim)  is also charged with the crime. However the juvenile court system will handle the case for minors.

Statutory Rape is not a crime that should not be something that should ruin your life. Especially if that life involves your lover.

Sodomy PC 286

Sodomysodomy

Sodomy is a crime that falls under the California sex crime category. The legal definition of sodomy is the act of a penis penetrating an anus of another person. Although its fine when there are two consenting adults. Sodomy under PC 286 makes it a crime to force someone to have sodomy against his/her will or doing acts of sodomy with a minor. The law says that you violate Sodomy PC 286 if you engage it with someone under 18, do it under force or fear, or unable to give consent. The last part may confuse some people. Unable to give consent means that the person may not be able to give consent if they do not know what know what will happen or not in the right state of mind. This means performing sodomy on a person that is drunk can punish you under Sodomy. Some other conditions could be if you took advantage of his or her mental disability. Or perhaps if the did not know what was going to happen. Example could be they were asleep or you tricked them into doing so.

What is considered consent

Consent is legally known as cooperation. However legally it means that an adult in the right state of mind allowed you to perform an action. This means that if he/she told you to put on a condom that is not consent. There is no formal yes to that statement. Although it may be a sign, it does not count for consent. Also if you do engage in sodomy but the person refuses to continue, you must stop when asked. That is known as the withdrawal of consent. Continuing to do the act will charge you as guilty of the crime. Use of force, or fear to get said consent is also against the law.

If you were charged with sodomy, speak to an attorney. Sodomy is a he said, she said crime that can lead to misunderstandings.