Sexual Assault

What are Defenses to Assault with Intent to Commit Rape Under Penal Code 220? This is a very common crime that I see a lot prosecuted in Los Angeles county -- whether it be in downtown Los Angeles, the San Fernando Valley or any of the 38 courts in LA county. People get charged with this assault with the intent to…Read More

 This is a common crime nowadays that people are being either raped because they get too intoxicated and someone takes advantage of them or, what I've see a lot of times is, alleged victims are claiming that a person rape them when they don't even know whether they were raped because they were so intoxicated because they blacked out.…Read More

There are a number of defenses when it comes to sexual battery in Los Angeles county.  I would say the main one is that whatever happened between you and the other person was consensual. California Penal Code 243.4 defines the crime of sexual battery. So, if both parties agreed to some sort of a sexual touching, then obviously, that would…Read More

Obviously, a murder and rape situation is probably one of the most serious crimes anybody could face in Los Angeles, California or anywhere in the nation.  In California, in particular, technically that person would be looking at the death penalty. The felony-murder rule would up that situation, obviously, to a murder even if the defendant had the argument that I…Read More

I've been handling these date rape offenses now for 26 years and obviously, it's very scary, especially now with the advent of the internet and people are hooking up on the first date a lot.  They meet somebody. Sometimes they have to go through a process on these dating apps, so they feel like they already know the person.  Alcohol…Read More

When Both Parties Are Conscious And Of Age, Does Alcohol Affect Consent In A Sex Crime Case In Los Angeles County? In Los Angeles County, alcohol does affect consent in sex crime cases. If one party is too intoxicated to consent, and the other party involved takes advantage of that, and has sex or sexually assaults them in some manner,…Read More

This is an interesting concept because sexual assault really isn't a crime.  In other words, the crime is more touching the other party in an impermissible way -- in a sexual way. California Penal Code 243.4 defines the crime of sexual battery. That's where the sexual battery concept comes up, but assault really doesn't have you making any contact with…Read More

California defines aggravated sexual assault as the act of an individual who touches, attacks, or causes sexual harm on another person against his or her will.  The person who has the intent to assault has to have the thought pattern that they're going to try and sexually assault another person. Moreover, touching is not required for a person to claim…Read More

I've been doing this for twenty-five years and I continue to see people being charged with sexual battery and a lot of times it's in the most innocuous way -- whether it be at a sporting event and somebody touches another person -- people real drunk at restaurants or fast-food locations touching women inappropriately -- the next thing you know…Read More

This is an interesting question because a lot of the rape cases that we see is one person's word against another's.  That makes it very difficult for the prosecutors to prove the case because the man is going to say one thing and the woman is going to say another thing, and then it ends up boiling down to the…Read More