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Bill Cosby’s Sexual Assault Trial is Underway

Posted on in Criminal Defense

San Jose sex crime lawyers, sexual assault,  indecent assault, sexual assault allegations,  criminal defense lawyerWhile comedian Bill Cosby faces lawsuits on both coasts in connection with various sexual assault allegations, it is his Pennsylvania criminal case which went to trial this week that is currently dominating the news.

The Washington Post reports that the 79-year-old entertainer is facing three felony counts of aggravated indecent assault for allegedly drugging and sexually assaulting Andrea Constand at his home back in 2004.

As each of Cosby’s three counts of aggravated indecent assault carries a maximum prison sentence of 10 years under Pennsylvania law, the comedian could face substantial jail time if convicted. But what exactly is Cosby accused of? Because states in the U.S. use different terminology for equivalent criminal acts, some of us in California may be confused by the term “aggravated indecent assault” as our criminal code does not contain such an offense. Therefore, this article explains the crime that Cosby is accused of under Pennsylvania law and outlines some corresponding laws that we have in California.

Aggravated Indecent Assault in Pennsylvania

Under the Pennsylvania Code of Law section 3125, the crime of aggravated indecent assault can occur under a variety of different circumstances. Because Cosby is alleged to have drugged and sexually assaulted his victim, he is being prosecuted under subsection (a)(5) of this statute which states that aggravated indecent assault can be committed in Pennsylvania when, “A person engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person’s body for any purpose other than good faith medical, hygienic or law enforcement procedures… [if] the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.”

California’s Sexual Assault Laws

Although California does not use the exact term aggravated indecent assault, our state does have sexual assault laws on the books that criminal corresponding situations. For example, consider the following California crimes:

  • Sexual Battery: Under California Penal Code section 243.4(e)(1), sexual battery is committed when a person touches an intimate part of another person against his or her will for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
  • Rape: Under California Penal Code section 261(a)(3), an individual can be convicted of rape in California if he or she engages in sexual intercourse with a person who was prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

Reach Out to Us for Help

At Jachimowicz Law Group our experienced San Jose sex crime lawyers know how incredibly high the stakes can be for someone accused of committing a sex crime in California. Hence, we are 100 percent committed to assembling the best legal defense possible for each and every one of our clients. No matter how bleak your case may seem, it is imperative that you have a forceful criminal defense lawyer at your side. If you have been charged with a sex crime in Northern California, contact our office today for help.

Sources:

https://www.washingtonpost.com/lifestyle/style/the-case-against-bill-cosby-explained/2017/05/22/ab36e518-397b-11e7-9e48-c4f199710b69_story.html?utm_term=.94fdd3f5626f

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=1.&chapter=9.&article=

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=9.&part=1.&chapter=1.&article=

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