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Sex Crimes

Posted on in Sex Crimes

b2ap3_thumbnail_website-http-online-www.jpgWhile the trend may not be new or as old as the Internet itself, sexual crimes committed on the Internet have garnered more professional and social attention as of late. There are several types of Internet sex crimes, which extend into definition child pornography, though this may be the most publicized example of the crime and, by far, the most commonly perpetrated.

For example, soliciting chats of a sexual nature from any vulnerable person (which can include someone unable to make the decision for him or herself, as well as children)—or asking that person to send a sexual photo of him or herself—is considered an Internet crime. Asking a minor to meet somewhere with sexual intentions, whether they are complicit in it or not, is considered the sexual online crime of “luring.”

Potential Impact

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Posted on in Sex Crimes

sex crimes, prostitution, San Jose criminal defense attorneyProstitution is often referred to as the world’s oldest profession, and there are several arguments that state-sanctioned prostitution should be legalized across the country. Currently, Nevada is the only state that allows legal prostitution, meaning that it is a punishable offense in California. This is delineated in the state penal code, which states that any person who succeeds or intends in engaging in sexual conduct for money (or any other measurable transaction or consideration) can be charged with prostitution.

The only caveat to this is if the person does so as part of any stage performance, play, or other entertainment that is open to the public. This is where the line can be muddied, as there is no shortage of reports of exotic dancers or masseuse artists who claim that they have experienced entrapment by an officer who solicits a greater sexual act from them, and subsequently charges them with prostitution.

Profitable Crimes

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Posted on in Sex Crimes

statutory-rapeStatutory rape laws can be difficult to define exactly, and have often been criticized for harsh interpretation that does not allow for human behavior. The federal definition of rape was changed in the beginning of 2013 from the old definition of “the carnal knowledge of a female forcibly and against her will,” to a much more specific definition. Rape is now defined as any type of penetration — no matter how slight — or oral penetration without the consent of the victim. When this new definition went into effect, however, the definition for statutory rape remained the same.

Statutory rape is federally defined as “nonforcible sexual intercourse with a person who is under the statutory age of consent.” The age of consent is determined by the state legislature, and so varies from state to state. If, however, the victim was unable to give consent because he or she was too young to give it, suffers from any mental impairment (temporary or permanent) the crime would be considered rape, not statutory rape.

While some states consider any sexual act between a minor and a person of legal age to be statutory rape, the state of California is a bit more lenient. Statutory rape in California is considered any sexual intercourse with a minor who is more than three years the perpetrator’s junior. If the perpetrator is over the age of 21 and engages in intercourse with a person who is under 16, he is guilty or a misdemeanor or a felony, punishable by up to one year in county jail or up to four years in state prison.

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b2ap3_thumbnail_college-sexual-assault.jpgSexual assaults on college campuses have sadly become more and more common. In the past few years, universities across the country have struggled with cases of sexual assault. Unfortunately, quite a few assault cases on college campuses, in California and across the country, are mishandled. Assault victims and, in some cases, alleged offenders, are often left feeling like they were not properly advocated for and protected.

Now, California lawmakers are considering a group of proposals aimed at simplifying and standardizing the process of universities handling sexual assault cases.

Federal law requires that universities take immediate action with cases of violence, harassment, and discrimination. California lawmaker Das Williams, author of many of the new proposals, says that universities across the country have failed at creating safe campuses. Williams says the state of California has a responsibility and an obligation to ensure safe learning environments, and that these proposed measures are a big step in the right direction.

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