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Sex Assault Charges: A Serious Matter in San Jose

Posted on in Criminal Defense

San Jose criminal defense attorney, sexual crimes, sexual assault charge, statute of limitations, California sexual assault casesA recent case involving allegations of sexual assault on a local college campus emphasizes the serious nature of sexual crimes in San Jose. Sexual assault allegations that are based on current events, and those that stem from incidents in the past, can result in charges that have the potential to ruin a person's reputation and result in a lengthy prison sentence.

San Jose Student Charged with Sexual Assault By Classmates

Controversy has been swirling around San Jose State University amid allegations of sexual assault that victims claim occurred within on campus housing. In mid-March, 2018, ABC 7 News covered the story in which a 21-year-old chemical engineering student was charged with several sex crimes, including sexual assault, assault with the intent to commit sex crimes, false imprisonment, and sexual battery.

The male student, in his fourth year of studying at San Jose State, is alleged to have assaulted three other male students in separate incidents. Two of the incidents occurred recently and one is alleged to have taken place in 2014. All three victims claim that alcohol was involved in the crimes, and University police state that the incidents appeared to be part of a pattern on the part of the student accused.

The defendant has been remanded to the Santa Clara County jail with bail set at $210,000, as police investigate and wait for any additional victims to come forward.

Sexual Assault in California

Under California Penal Code Section 243.4, sexual assault involves touching another person in an inappropriate manner and for the sake of gaining sexual gratification or arousal, either against the person’s will or while he or she is restrained. There is a 10-year statute of limitations on sexual assault cases in California, under which a person case be charged with this crime. However, in cases where the victim was under the age of 18 at the time the assault occurred, the statute of limitations extends to the person's 40th birthday.

Sexual assault is considered a ‘wobbler’ in California—it can be charged as either a misdemeanor or a felony offense, depending on the circumstances involved. Felony charges are likely to apply in the following situations:

  • If the person was fraudulently convinced that the touching was for medical, therapeutic, or other professional purposes;
  • If the person was unlawfully restrained;
  • If the person was institutionalized, or medically or emotionally disabled; or
  • If the person was forced to touch the private parts of the perpetrator or the private parts of another.

Sexual assault cases, as in the situation at SJSU, often involve multiple charges. Each one carries potential penalties which include fines of up to $10,000 and up to a four year prison sentence

Let Us Help You with Your Case

If you are facing charges of sexual assault or any type of sex crime, you need an experienced San Jose criminal defense attorney to begin immediately working on your case. Reach out and contact Jachimowicz Law Group today to discuss your situation and how we can assist you.

Sources:

http://abc7news.com/sjsu-student-faces-judge-after-arrest-for-alleged-sexual-assaults-in-campus-dorm/3219059/

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=243.4.&lawCode=PEN

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