Being accused of any sexual offense is incredibly serious. But are there any legal differences if accused of sexual assault or rape? Our team at Schweitzer & Davidian explains this terminology in California and what to do if you are accused of committing either offense.
Defining Sexual Assault and Rape
Some states treat sexual assault and rape as the same offense. However, in California, there is a slight difference between the two acts.
Sexual assault is defined as any sexual contact with an unconsenting party. For example, unwanted touching of private parts would be considered sexual assault. If the alleged victim is sexually penetrated in any way, then the charge can be elevated to rape.
One may face additional charges related to the sexual offense dependent on factors such as:
- The age of the alleged victim
- If force was used to commit the offense
- The defendant’s past criminal record
- Any aggravating factors present at the time of the offense
What To Do If Facing Sex Crimes Charges
If you have been accused of committing sexual assault or rape, you need to quickly take action on your defense. Recently, there has been a push to severely punish those accused of these crimes. Unfortunately, this can also mean that innocent defendants are automatically seen as guilty and must suffer the consequences of a wrongful conviction.
The best way to avoid a negative case outcome is to work with a defense attorney, and to get started on your defense as soon as you can following an accusation or arrest.
Sex Crimes Defense in Fresno, California
Facing sex crimes charges is one of the most difficult things one can experience. It can often be an isolating experience, as people are less forgiving or trusting of those accused of intimate crimes. However, our team at Schweitzer & Davidian knows that there is always more to the story. We are here for you. When you need compassionate, judgment-free, and aggressive legal defense, give our team a call: (559) 206-2322.