It's illegal for anyone to touch any intimate body part of another person who is institutionalized for some sort of medical treatment or seriously disabled or manically incapacitated.
I see these type of cases happen in the hospital all over California where either employees or other patients or people who are just passing by, see someone who is incapacitated and decide to touch them in a sexual manner.
The key for this crime though is they have to be touching them in such a way under such circumstances that they're really trying to arouse themselves or arouse the person.
Obviously, that's going to be proven by the circumstances of the case, and prosecutors and judges take these cases very seriously in Los Angeles County when it comes to prosecuting someone who is touching an incapacitated person or having sex with an incapacitated person, because obviously, the person can't defend themselves.
A lot of people are in an incapacitated state but still realize what's going on, and obviously, it's unconscionable if somebody is touching another individual who is in a medical state – whether or not they've become injured or whether or not some sort of an accident has occurred to them and someone's taking advantage of that scenario. That's when the judges and the prosecutors really try to hit the hammer on them.
Reviewing Crucial Element of Sexual Intent
A lot of times, there's another version to the story. Maybe there's no sexual intent involved. Maybe there's more than meets the eye related to the case and maybe there's not.
The bottom line though is, if you're charged with touching an incapacitated person in LA County and you're in one of the courts there and one of the sex crime prosecutors for the District Attorney's office has your case, you're going to want to get a high profile lawyer who knows what they're doing.
It's not just somebody who's known, but somebody who the prosecutors know can challenge them. Somebody that they respect and somebody who they know knows what a case is worth and knows when they can't prove their case.
Review of Best Defense Strategy
So, if you're charged with touching a person who is incapacitated in a hospital in some sort of a medical condition, I suggest you pick up the phone and make the phone call.
What we have you do is, we have you come in and we go over the case. We really make the determination of whether or not they actually have good evidence that you touched somebody who's incapacitated because a lot of time a person who is medically incapacitated obviously can't testify.
So, they're going to need some sort of a witness and sometimes these witnesses only see part of the story and don't get the whole version of what's going. So, it's your defense attorney's job in Los Angeles County to get your version of events across, and obviously, to defend you.
Either defend you by way of fighting the case, doing a preliminary hearing, doing a trial, and letting a jury decide whether you're either innocent or guilty of this very serious crime, or if they've got evidence against you and they can prove the case and you and your attorney sit down, you strategize and you agree it's probably best to try to work out some sort of a deal, then what I do is, I get a mitigation package together.
I present that to the boss of the prosecutor who is going to make the decision on the case and then I go and sit down with them and obviously, I give them all the good things about you. I let them know the points of the case that would be defense points, and then we really sit down and get down to brass tactics about what's fair under the circumstances.
Preparing Mitigation Package
That's what you need in these sex-related offenses where you're accused of touching someone who is getting medical treatment or incapacitated in some way, you need your side of the story gotten across to the prosecutor. You need someone who is going to speak with you, and obviously try to get you a result that takes into account all of the things you have going for yourself – your jobs, your family, your reputation, your freedom.
Nobody wants to register as a sex offender. That's usually something that the prosecutors are going to try to seek and a lot of times they're going to want to put you in state prison.
So, there's a lot of things to fight for and in these types of cases, it's not the same sentence every time. They're going to look at a lot of different factors. They're going to look at the age of the alleged victim. They're going to look at your age, your criminal record.
They're going to look at the circumstances of what happened. So, if you're charged with touching an incapacitated person in Los Angeles County, make the call today. Get in. Let's sit down and let's see what we can do to get this thing moving in the right direction to protect your rights, your freedom, your reputation and your record.
For more information on Sex Or Touching With An Incapacitated Person, a free initial consultation is your best step. Get the information and legal answers you are seeking by calling (213) 542-0979 today.