The answer is no, you wouldn't have to register if you're charged, but if you get convicted of Penal Code Section 243.4 — sexual battery — believe it or not, that is a registerable offense. So, one big thing that defense attorneys are trying to do — is get rid of any sex offenses where the individual has to register as a sex offender.
One alternative charge would be a simple battery — Penal Code Section 242 — that's harmful or offensive touching. That usually foots the bill if somebody has to plead guilty to a sex-related offense but pleading guilty to Penal Code Section 243.4 is a real problem.
Nobody wants to register as a sex offender. There are all sorts of ways to get around that, but obviously, you're going to need a smart sex crime attorney that's been down this road before and had success.
I try to get as much information as possible about the client — whether they have a family or a job. We're going to see if they have any prior sex-related offenses. There's a whole host of things that go into deciding whether a prosecutor is going to try to force sex registration when it comes to a sexual battery case.
On first offenses, I don't think it's fair. I don't think they should force somebody to register as a sex offender simply because that person has a first offense. But, you have to look at the facts of the crime.
You have to look at how egregious the activity is. You have to look at how much the alleged victim was harmed. Many issues must be focused on, and you also have to look at your criminal defendant.
What mitigating factors can you bring out and show for that particular person so you can get them the best result in their case?
Psychologist Evaluation
Often, we'll have a psychologist evaluate the person and let them write a report, and they will assess whether that person is likely to commit another related offense.
If they're not likely to commit another offense, the psychiatrist can give some good reasons why this offense occurred and provide some excellent ideas about how it can not happen again.
That puts you in a solid position to argue that you shouldn't have to plead to a sexual battery. You shouldn't have to register as a sex offender. Come up with an alternative charge prosecutor.
Give me a chance. Give me a break. This was an aberration. These are the types of arguments that have to be made if you want to succeed in a sex crime defense case.
