It is very easy to get wrongly convicted of a sex crime in California because it is one of the crimes that evokes sympathy in the hearts of many. This is part of the reason why you shouldn’t walk this journey alone.

Your rights need to be safeguarded by a party that holds your best interests in high regard. An Orange County criminal defense lawyer can advise you on what you need to do after being charged with a sex offense like date rape.

How Can I Defend Myself Against Date Rape Allegations?

You can avoid a conviction if you can prove that you had no sexual intercourse with your date under the following circumstances:

  • Using physical force
  • Under threats
  • Using violence
  • When the date is unable to consent to it

False accusations can be triggered by a complicated relationship, a cheating incident, or a breakup. But an Orange County sex crime lawyer can help you put together pieces of evidence that can get you acquitted. Camera footage is one of the excellent tools that can back up your side of the story, and witnesses can also help prove your innocence.

A skilled sex crimes attorney in Laguna Hills knows what it takes to build a strong defense. After listening to you and reviewing the charges brought against you, a seasoned legal expert can investigate the relevant facts and ask the right questions. A good strategy can guarantee your freedom, keep your record clean, and keeps your name off the list of sex offenders in California.

What is the Punishment for Date Rape in California?

Many may want to think that date rape is not as serious as simple rape, but that is farther from the truth. Both sexual offenses are governed by the California Penal Code 261. Notably, previous associations between you and the accuser do not make the charges any less serious. The following penalties are possible:

  • Eight, six, or three years in prison
  • Up to 13 years in prison if the date was 13 years or younger
  • Up to 11 years in jail if the date rape victim was below 18 years
  • Extra 3-5 years if the accuser sustained injuries
  • Up to $10,000 in fines
  • A strike on your record; three strikes can warrant life imprisonment
  • A requirement to register as a sex offender

And after the AB-2888 Bill became law in 2016, rape penalties have become more severe than before. Under the new regulation, a jury cannot suspend the imposition or execution of a sentence or grant a convict probation. The best you can do to avoid these punitive consequences is to let an Orange County sex crime lawyer fight and give you the best possible outcomes.

Can I Expunge Criminal Records Related to Date Rape?

After a date rape conviction, Orange County and Laguna Hills residents can expunge their criminal records if they meet all the conditions. Notably, you cannot qualify for expungement if your date rape incident involved minors. One might also be barred if they are currently:

  • Serving a sentence for a criminal offense
  • On probation for a criminal offense
  • Being charged with a criminal offense

The laws on expungement are technical, and convicts should talk to an Orange County sex crimes lawyer to find out if their records can be erased. And once your record has been judicially dismissed, your employer is prohibited from seeking such information. For instance, their decision to terminate, promote, hire, or employ a person should never be affected by such discriminatory factors.

However, the law allows certain agencies to legally check an applicant’s criminal record, whether it is expunged or not. This is because their employment opportunities are limited to people that have been convicted of certain offenses. So, if you are seeking employment in law enforcement agencies, you can expect your expunged records to be looked into. You can eliminate the need for expungement with proper legal representation before conviction.

Is it Mandatory to Register as a Sex Offender after Conviction?

The consequences of a conviction can catch up with you for the rest of your life. You may want to change counties, cities, or neighborhoods to escape the dark phase of your life, but the registration requirements may not make it possible.

You may have to appear in the state and national databases to fulfill the requirements of the Sex Offender Registration Act. The required information has to be submitted regularly. You might need to provide:

  • Palm prints, fingerprints, and DNA
  • Recent photo
  • Criminal record
  • School details
  • Vehicle information
  • Driver’s license
  • Professional licenses
  • Employer name and address
  • Online names or personas
  • Social media accounts
  • Email addresses
  • Physical address
  • Physical description
  • Phone numbers
  • Social security number
  • Former and current legal names and aliases

The latest legislation on sex offenses classifies offenders into three categories, based on their likelihood to re-offend and the crime they were convicted of. Date rape is classified under Tier 3 – along with other high-level sex crimes like aggravated sexual assault of a minor, pandering and pimping of a minor, felony sexual battery, sex trafficking, and rape.

Tier-three offenders are required to register for life and cannot be allowed to petition removal from the database. Tier-one sex crimes offenders can be removed from the registry after ten years, while those in Tier-two can apply after 20 years. If escaping a conviction is inevitable, a skilled sex crime attorney in Southern California can negotiate for charges that fall under the first or second tier – to ensure you are not obligated to register for life.

Learn Your Options with The Help of an Experienced Legal Professional

There are several defenses to explore in a sex crime. Sometimes it gets to a point of proving your word against your accuser’s. You can only protect your rights if you have a skilled professional by your side with the experience of handling such cases.

Don’t allow lengthy court procedures to discourage you. Don’t allow law enforcers and prosecutors to harass and abuse your rights. Get the guidance that you need. Call us today at (949) 305-7995 for a FREE case evaluation.