When and Why Should I Hire a Sex Crime Attorney?

If you’re facing sex crime allegations, it is imperative to get legal advice from a criminal defense attorney as soon as you can.

“Sex crimes carry a lot of factors that can be critical and life-changing,” says Trey Pettlon, a criminal defense attorney in Olathe, Kansas. “That includes prison, a great deal of public shame, and lifetime civil consequences. And many sex offenses are inexpungable, meaning they’ll be on the offender’s record and publicly accessible for the rest of their lives.”

To get the best possible defense, seek an experienced criminal defense lawyer as soon as possible.

What Are Sex Crimes?

Sex crimes are serious offenses that can bring severe penalties. Below are several of the most common types of sex crimes:

Sexual Assault

Sexual assault is a general term that may refer to several nonconsensual sex acts, including unwanted touching or penetration, sexual battery, or sexual abuse.

Rape

Generally, state laws define rape as any nonconsensual vaginal or anal penetration or other sex act involving penetration with a body part or object. Under most modern rape laws, marriage, gender, and use of force are irrelevant.

Statutory Rape

Statutory rape refers to having sexual relations with people under the legal age of consent (typically between 16-18) who are considered legally incapable of giving consent.

Child Pornography

Both state and federal laws criminalize the production, distribution, or possession of pornographic materials involving people under 18 years of age. Charges for child pornography carry severe penalties, including lengthy prison sentences.

Child Molestation

Child molestation refers to any sexual acts perpetrated against a child.

Indecent Exposure

Indecent exposure laws generally forbid displaying one’s genitals or private parts in public. State laws differ on whether prosecutors must prove that defendants intended to offend or arouse others with their display of nudity. Some states criminalize any public nudity, while others specifically say the nudity has to be for a lewd or indecent purpose.

Lewd Conduct

Lewd conduct is a subset of indecent exposure that goes beyond nudity to involve sexual conduct (such as intercourse) in public.

Penalties for Sex Crimes

Penalties for sex offenses can range from misdemeanors to first-degree felonies and carry fines or lengthy prison sentences. A few factors determine the severity of penalties, including:

• The nature of the offense
• Repeat offenses
• Any aggravating circumstances, such as the use of violence

Using the example of sexual battery under Kansas state law, Pettlon says the factors that can elevate a misdemeanor to a felony are:

• If the victim is overcome by force or fear
• If the victim was unconscious or physically powerless
• If the victim is incapable of giving consent because of a mental deficiency or due to the effect of alcohol or a drug (and the condition was known or reasonably apparent to the offender)
• Age of alleged victim

When it comes to the age of the victim, it varies from state to state. In Kansas, Pettlon says, “A person can consent to have sex at the age of 16, but in Missouri, they can’t until they’re 17.” Differences in the legal age of consent can create odd circumstances, Pettlon adds. “For example, someone could have sex with their 16-year-old girlfriend in Kansas, but if they have nude photos of them, that would be child pornography under federal law.”

Sex Offender Registration

In addition to the possibility of serving a prison sentence, convicted sex offenders may have to register with their state’s sex offender registry.

Depending on the state and nature of the sex offense, sex offenders may have to register for life. In other cases, registration may be required for several years. Inclusion on a sex offender registry can thus be a lifelong stigma, making it difficult to get a job, buy a home, or travel freely.

Typically, sex offenders have to provide their:

• Name (including aliases)
• Current address
• Current occupation
• Convicted offenses

Some states may also require social security numbers, fingerprints, or other information. The individual’s basic information (name, address, occupation) is posted on the state’s sex offender registry for the public.

The federal Sex Offender Registration and Notification Act (SONRA) requires states to maintain their sex offender registries for monitoring and tracking sex offenders upon their release from prison. The Department of Justice (DOJ) maintains a National Sex Offender Public Website where the public can search sex offender registries nationwide. By linking state sex offender registries, SORNA also allows law enforcement to collaborate on tracking sex offenders.

SORNA makes failure to register as a sex offender or update one’s information a federal crime. Penalties for failing to register and update can include fines and prison time.

Consequences Beyond Criminal Liability

Being accused of a sex offense can bring more than criminal charges. You may also face:

• Reputation damage. Being accused of a sex offense often brings significant reputational harm and lifelong stigma. Having a sex crime conviction on your record can permanently impair your ability to get a good job, go to school, or purchase a home in some areas.
• Civil liability. In addition to criminal charges for alleged sex crimes, accused individuals may also face civil liability if the alleged victim sues for money damages.

Why Getting A Lawyer Is Necessary

If you have been accused of a sex offense, there are many advantages to getting an experienced criminal defense lawyer as soon as possible. An attorney:

• Will understand the criminal law in your state, including exceptions and defenses
• Can formulate the best defense strategy based on the facts of your case
• May be able to get some sex offense charges reduced or even dropped
• Can give you guidance on how to minimize the reputational harms from accusations of a sex offense

“Whether it’s a misdemeanor – whether it seems like an insignificant event or not – if there’s any sexual connotation to the act, it is critical that the accused, as soon as they become aware of the accusation, contact a lawyer who’s experienced in defending people on sex offenses in their particular jurisdiction, whether state or federal court,” Pettlon says.

“People come into my office all the time who should have gotten a lawyer well before they did,” he adds. “Accused individuals will give a statement to law enforcement and the statement is disastrous for their case. I’ve seen people who were really intelligent and articulate unwittingly destroy their cases because they didn’t get a lawyer.”

Find Experienced Legal Defense

If you have been accused of a sex crime, visit the Super Lawyers directory to seek legal representation from an experienced sex crimes defense lawyer in your area. These are criminal law attorneys who specialize in sex crime defense.