3 Potential Defenses to Child Molestation Cases
3 Potential Defenses to Child Molestation Cases
3 Potential Defenses to Child Molestation Cases Child molestation is a very serious crime. Like all serious crimes, the repercussions of even being accused of such an act can be devastating. However, the good news is that in our country simply being accused of a crime doesn't mean you are guilty. A jury must find you guilty “beyond a reasonable doubt” because you are “presumed innocent until the contrary can…
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Conviction Reversed Based on Insufficient Evidence That Defendant Annoyed or Molested a Child
Conviction Reversed Based on Insufficient Evidence That Defendant Annoyed or Molested a Child Defendant Bruce Clotfelter was charged with Penal Code 647.6, the crime of annoying or molesting a child under the age of 18 or an adult whom you believe to be under 18. His case shows how prosecutors can sometimes rely on a defendant’s criminal background as a substitute for proving all the elements of a charge. In…
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Federal Court Grants Significant Downward Departure In Child Pornography Sentencing
Federal Court Grants Significant Downward Departure In Child Pornography Sentencing A Wallin and Klarich client was sentenced this week after pleading guilty to the distribution of child pornography. In addition to the penalties for distributing the materials, the client was facing enhancements for possessing approximately 700 images and 1,000 videos, distributing materials in exchange for something of value, and possessing sadistic images. The sentencing guidelines in federal court for child…
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People v. Vasquez
People v. Vasquez In People v. Vasquez, the defendant was convicted of numerous sexual offenses in two separate trials. All the charges arose from a single act of rape of an 11-year old girl. In the first trial, the defendant was convicted of committing a lewd and lascivious act upon a minor, a violation of PC 288(a). Since the jury could not reach a verdict on the other 2 counts…
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BILL COSBY SEXUAL ASSAULT CONVICTION REVERSED BY PENNSYLVANIA SUPREME COURT: WHAT THIS MAY MEAN FOR FUTURE SEX CRIME PROSECUTIONS IN CALIFORNIA
BILL COSBY SEXUAL ASSAULT CONVICTION REVERSED BY PENNSYLVANIA SUPREME COURT: WHAT THIS MAY MEAN FOR FUTURE SEX CRIME PROSECUTIONS IN CALIFORNIA Bill Cosby was accused of sexual assault of a woman in Pennsylvania. At his first trial, the court permitted one woman to testify about prior sexual allegations against Mr. Cosby. The first trial ended in a hung jury because the jury was divided as to Mr. Cosby’s guilt. However,…
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Victim’s Confusion as to Purpose of Sexual Touching does not preclude conviction says California Appeals Court in Upholding Conviction against Former Military Psychologist – Pen. Code, 243.4(c)
Victim’s Confusion as to Purpose of Sexual Touching does not preclude conviction says California Appeals Court in Upholding Conviction against Former Military Psychologist - Pen. Code, 243.4(c) A former staff psychologist at an Air Force base in Fairfield, California was convicted for several sex crimes against two female veterans. In People v. Summer, Heath J. Sommer was found guilty by a Jury of six felony sexual assault charges, including sexual…
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Is the U.S. Government Required to Prove that a Victim Did Not Consent In Sex Crimes?
Is the U.S. Government Required to Prove that a Victim Did Not Consent In Sex Crimes? In U.S. v. Price, the defendant was on an overnight flight from Tokyo to Los Angeles. The defendant moved from his assigned seat to an open seat adjacent to the victim who was asleep and touched her genitals without her permission. The defendant appealed his conviction on the grounds that the government was required…
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Know your rights: Child Pornography Cases & Warrantless Searches
Know your rights: Child Pornography Cases & Warrantless Searches A conviction for a sex crime can have devastating and lasting effects on the accused. Because of this daunting reality, sex based crimes require a law firm that will be willing to provide you or a loved one with zealous legal representation. Specifically, child pornography cases are extremely serious and require representation by a law firm that is very familiar with…
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California Man is Confined for 13-Years as Sexually Violent Predator While Prosecutors and Defense Display Negligence
California Man is Confined for 13-Years as Sexually Violent Predator While Prosecutors and Defense Display Negligence Terrance Butler was convicted of multiple rapes in 1993. Prior to his release, the Alameda District Attorney’s office filed a petition to commit Mr. Butler indefinitely as a sexually violent predator under the Sexually Violent Predators (SVP) Act. Mr. Butler was confined to a state hospital for 13 years awaiting trial…
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For ‘One Strike’ Law’s Multiple Victim Circumstance to Apply, Must Allege Multiple Victims in “Present Case or Cases”
For ‘One Strike’ Law’s Multiple Victim Circumstance to Apply, Must Allege Multiple Victims in “Present Case or Cases” Defendant, Jeffery Foley, was convicted in separate cases of sexually molesting his minor granddaughters, F. and A. Over a period of years, Foley molested A., who did not immediately disclose it. Thereafter, Foley molested F., who immediately disclosed it. Foley pleaded no contest to committing a lewd and lascivious act on A.,…
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