Monday, March 3, 2008

Prostitution And Sexual Offenses

Sex Offenses - An Overview

Sex offenses include a myriad of criminal sexual behaviors, ranging from prostitution to rape. If you or someone you know has been charged with committing a sex offense, it is very important to contact a criminal defense attorney to obtain the legal representation. The penalties for a sex offense conviction can be serious and life-changing, but many defenses are available. Contacting an attorney as soon as possible allows the evidence to be evaluated and witnesses to be questioned soon after the event, providing the best opportunity for a successful defense. A criminal defense attorney has the experience and skill to begin preparing your defense as soon as retained.

What Is A Sex Offense?

Sex offenses include all forms of illegal sexual activity, ranging from the crime of rape, usually defined as sexual penetration without consent, to the crime of prostitution, usually defined as sex for hire. The most serious crimes involve the sexual assault of children or include physical injury. Other sex offenses include public indecency, voyeurism, prostitution, solicitation, pornography, date rape, lewd acts, pandering, pimping, statutory rape and unlawful sodomy.

Generally, sexual assault includes unwanted physical contact with a sexual organ. In some states, the laws also prohibit aggressive sexually suggestive statements, without requiring physical contact. Physical contact is considered unwanted if the victim refused, physically objected or was unable to give legal consent. It is not necessary to show that the accuser physically resisted. Current laws are usually gender-neutral, so they protect all sexual assault victims. If you are accused of a sex offense, it is crucial that you seek the services of a defense attorney experienced in defending such crimes.

Misdemeanor or Felony?

Most sexual abuse and sexual assault crimes are felonies. Lesser offenses, such as public indecency are often misdemeanors. The decision whether to charge a person with a misdemeanor or felony rests with the prosecutor. A criminal defense attorney, if contacted early enough during the investigation, may be able to minimize the charges that you face. Each state's statutes provide for different crimes, definitions, punishments and guidelines. A criminal defense attorney well versed in the laws of your state can help you evaluate your situation and prepare your defense.

Prosecution and Defenses

Many sex offense acts have no witnesses, so prosecutorial decisions are made on the strength of other evidence and on the credibility of the parties. Because of the nature of the crime, false accusations can occur, and it can be difficult to defend against such charges. If you or a loved one has been arrested or charged with a sex offense, the most important call you can make will be to your criminal defense lawyer so he or she can begin investigating your case and defending your rights as soon as possible. Conviction of a sex offense can bring severe penalties and change your life forever. Prison is only part of the equation - you may also lose parental rights and be required to register as a sex offender for the rest of your life. An aggressive and experienced criminal defense attorney will help you obtain the best possible results under the law and facts of your case and may be able to get your charges reduced or dismissed.

The prosecutor must prove, beyond a reasonable doubt, that the defendant committed a sex offense. The available defenses vary greatly from crime to crime, but may include consent, insufficient evidence, innocence and other defenses. In many cases, mitigating circumstances may reduce or negate your criminal culpability. A criminal defense attorney can ensure that the prosecutor has not ignored evidence that is in your favor. Your defense attorney will consider gathering evidence to support your defenses, possibly including a psychological evaluation, evidence showing the victim has a motive not to tell the truth or a history of not telling the truth, evidence of the victim's mental state or tendency to fantasize or to form false memories, supporting medical evidence and opinions and other evidence showing that you are innocent or committed only a lesser included offense. Therefore, you must contact a criminal defense attorney to begin the defensive investigation as soon as possible.

Conclusion

Being charged with a sex offense can lead to serious consequences, including jail time, probation, parole, significant fines, registration requirements, loss of the right to vote or own a weapon and being shunned by society. If you are accused of a sex offense, you should speak to an attorney immediately to learn more about your rights, your defenses and the legal system. If you are facing sexual offense charges, you need the aggressive defense that an experienced defense attorney will provide.

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