Sexual Assault Articles

Defending Sexual Assault Cases Years After the Alleged Incident

Bill Cosby probably believed he had nothing to worry about. Allegations of sexual assault against him were based on events that took place decades ago. Yet, Cosby was found guilty of drugging and sexually assaulting a woman in 2004, and is now serving a sentence of between up to 10 years in a Pennsylvania state prison. The high-profile Cosby case prompted many states – including California – to re-examine the…

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Forcible Penetration with a Foreign Object

What is Forcible Penetration with a Foreign Object? (Penal Code Section 289 PC)

In California, rape is defined as forcing a person to have sexual intercourse against his or her will. For the purposes of this law under California Penal Code Section 261, “sexual intercourse” is defined as penetration of the vagina with a penis. So, that means you can’t be convicted of this crime if you did not use your penis to forcibly penetrate the vagina of the alleged victim. But what…

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Bill Cosby Sexual Assault Charges Prove Time Doesn’t Provide Immunity from Penalties

The district attorney’s office of Montgomery County, Penn., has filed criminal charges against Bill Cosby for an alleged sexual assault that occurred in 2004, narrowly within the 12-year statute of limitations for the crime. Andrea Constand alleged in January 2004 that she was drugged and sexually assaulted by Cosby. According to reports, she previously attempted to file criminal charges in 2005, but the Montgomery County District Attorney’s Office indicated insufficient…

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New Bill Proposes Harsh Consequences for Sexual Assault on College Campuses

Last year, California passed the “Yes Means Yes” law, which changed the way consent works on college campuses within the state. However, sexual assault on college campuses remains a serious problem. One California lawmaker has proposed a measure aimed at punishing those students who commit sexual assaults on campus. AB 967 would require any student found guilty of sexual assault to be suspended for at least two years. Additionally, all campuses…

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Affirmative Consent: California’s New Approach to Sexual Assault on Campus

On Sept. 28, California Gov. Jerry Brown signed SB-967 into law, marking a new approach to sexual assault cases that happen on state-funded college campuses. There are many changes under the law, such as comprehensive prevention programs and sexual assault response policies and protocols that focus on helping victims get help. However, one new aspect of the law could make life overly difficult for those accused of sexual assault, regardless…

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New Bill Proposes Changes to Rape Laws and Regulations on College Campuses (Senate Bill 967)

A newly proposed California bill is taking aim at the issue of rape on college campuses, by introducing the idea of “affirmative consent.” Under Senate Bill 967, college students who are sexually active would be required to obtain explicit, verbal consent from their partners before engaging in sexual activity.1 If passed, the bill would place the responsibility on the person initiates the sexual activity, to make sure his or her…

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Defenses to Sexual Assault Charges – PC 243.41

You recently decided to have a night out at the Newport Beach bars with a few of your friends. You met an attractive female at one of the bars. After some mutual flirting, the two of you decided to hit the dance floor. While dancing, you touched and lightly grabbed her breasts. Now, you are being accused of a sexual assault under California Penal Code section 243.4. At this point,…

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If you are charged with domestic violence or sexual assault your rights as a criminal defendant are at jeopardy under California’s new laws (Code of Civil Procedure section 1219 and Penal Code section 1387)

There has been a change in California’s law that affects individuals charged with sexual assault or domestic violence.  Currently, the law states that a victim of sexual assault or domestic violence could not be held in contempt for refusing to testify about the facts about the case.  Being held in “contempt” simply means disobeying the court’s authority or a court order.  If a person is held in contempt, they are…

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Local Doctor Accused Of Sexually Assaulting A Patient On Two Occasions

Dr. Kevin Pezeshki is accused of inappropriately touching a patient during two hospital exams. He is free on $200,000 bail. When a doctor is accused of inappropriately touching a patient it is almost always the patients word vs. the doctors word. Sometimes, the accused doctor will have no prior record of any similar incidents and will have been practicing medicine for 20 years or longer. This has to make you…

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Long Beach Priest Pleads Not Guilty to 9 Counts of Sexual Assault (CPC 243.4 and CPC 288)

Long Beach priest Jose Cuevas pleaded Not Guilty to eight misdemeanor counts of sexual battery (California Penal Code 243.4) and one felony count of lewd act with a child (California Penal Code 288). Three alleged victims accused the priest of inappropriately touching them over their clothing—one of the alleged victims is a minor. Anytime there are allegations from 3 different alleged victims, it always makes it much more likely that…

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