1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

Understanding Sex Crimes

Posted on in Criminal Defense

Sex crimes encompass a number of offenses, though they are most often associated with illegal or coerced sexual conduct against another individual. Each state has their own legislation and legal definition for what constitutes a sex crime, like sexual assault or prostitution, and each state has their own statute of limitations regarding the time another individual has to file a claim against an alleged offender. All individuals convicted of a sex crime are labeled "sex offender" by the state, and, depending on the nature of the offense, are required to be placed on federal sex offender registries. Here descriptions of some of the most common sex crimes, their register requirements, and any applicable laws pertinent to the crime.

Indecent Exposure

Exposing ones genitals in public "causing other to be alarmed or offended." Most often indecent exposure crimes are committed for sexual thrill or to entice a sexual response. This sex crime can be elevated to sexual assault if any physical contact was made. Indecent exposure is usually considered a misdemeanor for first offenses, but can be elevated to felony for repeat offense. Registering as a sex offender for this charge varies by state.

Prostitution

Offering sex or sexual favors in exchange for goods, service, or any compensation at all is considered prostitution. And while the sexual misconduct charge is limited to the person making the offer only, it is often not the only charge. Oftentimes in larger cases or situations involving "rings," the person in the middle is charged with pandering or pimping. Any person who pays for prostitution can also be charged for a crime. In this case it is called solicitation of prostitution, which happens the moment you pay for sex. No party is required to register as a sex offender.

Rape

The sex crime of rape most often refers to any non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. Though in most cases rape charges are filed against a person who one is not married to, the charge can sometimes be levied against an individual who is married to another (varies by state). The victim's lack of consent is paramount to the charge. The definition of rape differs slightly from the legal definition of statutory rape, which doesn't require consent by definition because it refers to unlawful sexual conduct with a minor (or someone below the "age of consent" who can not legally give consent).

Sexual Assault

The charge of sexual assault varies greatly by state in structure, wording, and defined scope, though all states prohibit it. Most often, and most simply, it refers to the offender subjecting the victim to unwanted and offensive touching. Some states use this term as an umbrella to include charges like rape, while some make particular distinguishment in terms of the nature of the charges. Most modern sexual assault laws for any nonconsensual sexual charges have measures to include any sex between people of any age (not just between a man and a woman).

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top