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San Jose, CA sexual assault defense attorneysIn criminal court cases, the state has a limited amount of time to bring charges against alleged offenders. Known as the statute of limitations (SOL), once this time period has elapsed, the person may no longer be prosecuted for the crimes. However, in cases involving sexual assault, these time periods were abolished in California. This allows victims to come forward and press charges based on incidents that happened years in the past. A San Jose track coach was recently arrested and charged with a series of sex crimes that allegedly occurred more than a decade ago.   

San Jose Man Accused of Sex Crimes Against Minors

The 56-year-old owner of Marshall Sports Performance and Fitness in San Jose was working at Branham High School as an after-school track coach when allegations surfaced that he had sexually assaulted minor students in the past. The incidents allegedly occurred more than 10 years ago when he was a teacher at Valley Christian High School. 

Investigators say that numerous victims came forward and made allegations that the man had committed sexual acts against them in his classroom over the course of the 2004-2005 school years. He has been charged with 12 counts of sexual penetration with a person under the age of 18 and another 12 counts of oral copulation. 

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HIV exposure laws, San Jose sex crime lawyers, sexual partner, Senate Bill 239 California, misdemeanorDuring the AIDS epidemic of the 1990s, California, along with most other states, passed legislation making it a crime for an individual living with HIV to knowing expose a sexual partner to the disease without disclosing his or her HIV-positive status. Individuals in California who violated this law could be found guilty of a felony offense and sentenced to serve up to eight years in prison (or longer if the individual was a sex worker). While this law had been on the books in California for decades, it recently underwent a substantial rewrite thanks to Senate Bill 239 which Governor Jerry Brown signed into law just last month.

Senate Bill 239

CNBC.com reports that upon enacting Senate Bill 239, California became the fourth state to rewrite an HIV exposure law left over from the 90s. Under California’s new bill, knowingly exposing a sexual partner to HIV is still a crime but it is now a misdemeanor rather than a felony offense. Moreover, violators can only be sentenced to serve up to six months in county jail.

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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.

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