In Los Angeles County, I would say 80% of the sex crimes that are charged involve actual family members.
That means that the prosecutors have to figure out how to deal with these cases when the family members do not cooperate with them.
Somehow somebody reports the case, or what ends up happening, some authority says the case like a healthcare worker, somebody at school, and now the case is dropped in the prosecutors' laps.
It involves the defendant's family members, and they do not want to talk to the police; they do not want to help them.
If you or a loved one is charged with a sex crime that involves a family member, this is a unique situation that requires delicate defense. You've got to figure out precisely what your best procedure is and what makes sense as it relates to these particular cases.
I've been handling sex crimes now for almost 30 years, defending people who have gotten themselves in trouble. What we need to think about and talk about is what the best-case scenario is:
- Do we fight the case and hope that the prosecutors can't force your family members to testify against you? or
- Do we realize they will force your family members to testify against you and that they've got the evidence to convict you?
We could use the fact that your family members do not want to help the prosecutors work out a resolution that makes sense.
Our California sex crime defense lawyers will take a closer look at the issue of family members committing sex crimes against other members of the family.
What is the Most Common Type of Sex Crimes Involving Family Members?
Most sex and other offenses committed against children were by someone who was not a stranger.
Most people are unaware that are a large number of sexual-related crimes are committed against someone in their own family, such as:
- Marital rape,
- Attempted rape,
- Sexual harassment,
- Unwanted sexual touching,
- Sexual contact with a minor,
- Sexual abuse of a minor,
- Child molestation,
- Child sexual abuse,
- Online solicitation of a minor,
- Oral copulation by force or fear – Penal Code 287 PC,
- Possession of child pornography – Penal Code 311 PC,
- Annoying or molesting a child – Penal Code 647.6 PC,
- Lewd acts on a child – Penal Code 288 PC,
- Continuous sexual abuse of a child – Penal Code 288.5 PC,
- Statutory rape – Penal Code 261.5 PC,
- Sexual assault – Penal Code 243.4 PC,
- Rape – Penal Code 261 PC.
While drugs and alcohol are frequently involved in sexual assaults, they don't cause sexual offenses. When a family member is under the influence, they increase their chances of committing a sex crime or becoming a victim to one.
Determining Best Defense Strategy
When we're talking about family members and how that will impact your particular case, we've got to assess what the best strategy is.
In other words, are you going to take the case to trial, or are we going to try to work out a resolution?
That has to do with considering how strong the prosecutor's case is against you and what result you must have done to avoid prison time and other dire ramifications related to a sex crime offense that involves a family member.
One of the best defenses you could probably come up with is if the prosecutor doesn't have witnesses to actual that you committed the crime.
So, we've got to talk about that, and we've got to talk about how the fact that people are uncooperative can still be used to prove a sex crime case.
This is a complex situation that needs to be dealt with the right way.
Contact The Hedding Law Firm If Charged with a Sex Crime
If you or a loved one is charged with a sex crime that involves a family member in Los Angeles and you need the best criminal defense attorney who knows how to deal with the circumstance where your family members are involved, and you're facing a significant amount of time in prison, pick up the phone now.
Make the call ask to speak with Ron Hedding. I've worked for the District Attorney's office in the early 1990s, and then in 1992, I worked for a Superior Court Judge as his right-hand man.
Finally, in 1994, I opened up my criminal defense firm, defending people charged with sex crimes, just like you.
So, pick up the phone. Make the call. Ask to speak to Ron Hedding. I stand ready to help you.
Hedding Law Firm is located in Los Angeles County and offers a free case evaluation by calling 213-542-0979 or filling out our contact form here.