Sexual Assault Lawyer

Los Angeles Sexual Assault Lawyer

Sexual assault covers a range of activity including unwanted touching, groping, battery and attempted rape. The common thread between these cases is coercion on the part of the offender or the incapacitation of the victim. This includes cases where the victim’s judgment or cognitive ability has been diminished to the point where he or she does not understand what’s occurring. The use of date rape drugs or alcohol to render a victim incapable of granting informed consent are examples of this scenario.

If you’ve been the victim of sexual assault, it’s critically important that you seek out the guidance of experienced counsel. To help you better understand your rights under the law, let’s take a closer look at the legal issues surrounding sexual assault.

The scope of sexual assault

Sexual assault remains a significant criminal justice problem in the United States.  According to data from the U.S. Bureau of Justice Statistics, roughly 323,000 Americans were the victim of a sexual assault in 2016. It should be noted that this estimate may be conservative, as statistics also show that sexual assault is one of the more underreported of all crimes.

The legal approach to sexual assault varies throughout jurisdictions, though most of these differences are limited to nomenclature and sentencing guidelines. In California, sexual assault covers the “unwanted touching” of any intimate parts. These crimes may be charged under California law as misdemeanor sexual battery or felony sexual battery, depending on the severity of the incident. When sexual assault rises to the level of forced intercourse, it is charged as rape.

Penalties for sexual assault in California run the gamut from six months in jail for misdemeanor sexual assault to multiple decades in prison, depending on the severity of the crime and mitigating factors. Under federal law, state judges are required to consider the defendant’s criminal history, expressions of remorse and other factors when calculating a sentence. Federal law also dictates that offenders reimburse victims financially for medical care, counseling and other expenses.