While many people have been convicted of sexual offenses, some psychologists believe there are plenty of innocent men and women in prison, who are wrongly convicted of sex offenses. (For a first-person account by a convicted rapist who declares his innocence, go to the Institute for Psychological Therapies' web site, and read "How To Survive in Prison as an Innocent Man Convicted of a Sex Crime.")

As it happens, nearly 235,000 convicted sex offenders are under the care, custody, or control of corrections agencies on an average day. Nearly 60% are under conditional supervision in the community.

According to the Department of Justice's Bureau of Justice Statistics, convicted rape and sexual assault offenders serving time in State prisons report that two-thirds of their victims were under the age of 18, and 58% of those--or nearly 4 in 10 imprisoned violent sex offenders--said their victims were aged 12 or younger.

In 90% of the rapes of children less than 12 years old, the child knew the offender, according to police-recorded incident data.

Among victims 18 to 29 years old, two-thirds had a prior relationship with the rapist.

What is the average profile of an alleged sex offender? Four datasets (the FBI's UCR arrests, State felony court convictions, prison admissions, and the National Crime Victimization Survey) all point to a sex offender who is older than other violent offenders, generally in his early 30's, and more likely to be white than other violent offenders.

Sex offenses include a myriad of criminal sexual behaviors, ranging from prostitution to rape. If you or someone you know has been charged with committing a sex offense, it is very important to contact us to obtain the legal representation of an experienced criminal defense attorney. The penalties for a sex offense conviction can be serious and life-changing, but many defenses are available. Contacting an attorney as soon as possible allows the evidence to be evaluated and witnesses to be questioned soon after the event, providing the best opportunity for a successful defense. A criminal defense attorney has the experience and skill to begin preparing your defense as soon as you retain it.

What Is A Sex Offense?

Sex offenses include all forms of illegal sexual activity, ranging from the serious crime of rape, usually defined as sexual penetration without consent, to the less serious crime of prostitution, usually defined as sex for hire. The most serious crimes involve the sexual assault of children or include physical injury. Other sex offenses include public indecency, voyeurism, prostitution, solicitation, pornography, date rape, lewd acts, pandering, pimping, statutory rape, and unlawful sodomy.

Generally, sexual assault includes unwanted physical contact with a sexual organ. In some states, the laws also prohibit aggressive sexually suggestive statements, without requiring physical contact. Physical contact is considered unwanted if the victim said "no," physically objected, or was unable to give legal consent because of intoxication or incapacitation. It is frequently not necessary to show that the accuser physically resisted. Current laws are usually gender-neutral, so they protect all sexual assault victims. If you are accused of any sex offense, it is crucial that you seek the services of a defense attorney experienced in defending such crimes.

Misdemeanor or Felony?

Most sexual abuse and sexual assault crimes are felonies. Lesser offenses, such as public indecency are often misdemeanors. The decision of whether to charge a person with a misdemeanor or felony rests with the prosecutor. A criminal defense attorney, if contacted early enough during the investigation, may be able to minimize the charges that you face. Each state's statutes provide for different crimes, definitions, punishments, and guidelines. A criminal defense attorney well versed in the laws of your state can help you evaluate your situation and prepare your defense.

Prosecution and Defenses

Many sex offense acts have no witnesses. Therefore, sex offenses are frequently prosecuted even if the evidence appears weak or the accuser lacks credibility. False charges of sexual assault are common, with motives including jealousy, revenge, attention, or cover up. To adequately defend a case involving sexual assault, information is vital. If you or a loved one has been arrested or charged with a sex offense, the most important call you can make will be to your criminal defense lawyer, so he or she can begin investigating your case and defending your rights as soon as possible. Violating sex offense laws can bring very severe penalties and change your life forever. Penalties may include fines, being required to register as a sex offender, losing rights to see your children, jail terms, or long prison sentences. An aggressive and experienced criminal defense attorney will help you obtain the best results under the particular law and facts of your case and may be able to get your charges reduced and, in some cases, dismissed.

The prosecutor must prove, beyond a reasonable doubt, that the defendant committed a sex offense. The available defenses vary greatly from crime to crime, but may include consent, insufficient evidence, innocence, and other defenses. In many cases, mitigating circumstances may reduce or negate your criminal culpability. A criminal defense attorney can ensure that the prosecutor has not ignored evidence that is in your favor. Your defense attorney will consider gathering evidence to support your defenses, possibly including a psychological evaluation, evidence showing the victim has a motive not to tell the truth or a history of not telling the truth, evidence of the victim's mental state or tendency to fantasize or to form false memories, supporting medical evidence and opinions, and other evidence showing that you are innocent or committed only a lesser included offense. Therefore, you must contact a criminal defense attorney to begin the defensive investigation as soon as the prosecution has begun its investigation.

Conclusion

Being charged with a sex offense can lead to very serious consequences, including jail time, probation, parole, significant fines, registration requirements, loss of the right to vote or own a weapon, and being shunned by society. If you are accused of a sex offense, you should speak to an attorney immediately to learn more about your rights, your defenses, and the legal system. If you are facing sexual offense charges, you need the aggressive defense that an experienced defense attorney will provide.

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.