The Criminal Process in Cases of Sexual Assault of Minors
Representation in the Criminal Court of Los Angeles, Riverside, San Bernardino, and Orange Counties
Regarding the criminal proceedings in cases of sexual assault of a minor, parents should understand how the process works. Below, we provide some recommendations so that parents involved in such cases know what actions they can take.
Victims and their families are not required to speak with the perpetrator’s attorney. Whenever they receive a call from anyone, they should know who they are working for and consult with their own attorney before speaking to the other party involved in the sexual assault case.
The victim always has the right to confidentiality. Once these legal proceedings begin, the victim is strongly advised not to speak with anyone except their defense attorney. This is intended to protect the victim’s privacy. Additionally, some minors may have mental health issues, and any mental health records should only be accessed through the victim’s attorney.
There are different terms for sexual abuse offenses, such as second-degree rape or fourth-degree sexual assault. The classification of the crime depends on several factors, including:
- Age of the victim and the offender
- Whether the victim was intoxicated, physically or mentally incapacitated, or unconscious
- Use of weapons or extreme violence
- The sexual conduct or the manner of abuse, whether it involved penetration, use of an object, or fondling
When the offender is under 18, the case may begin in the juvenile justice system; however, a prosecutor can transfer it to an adult court. In some cases, a minor may be tried as an adult by waiving juvenile court jurisdiction. The criminal justice system decides whether to try the person as an adult or a minor based on how the sexual abuse was committed. Rape with an object is treated differently than cases involving fondling, and the offender’s history is also considered.
Important Point:
The goals of the juvenile justice system are very different from those of the adult criminal justice system. Juvenile courts focus on rehabilitation rather than punishment. In some cases, they may review case progress and modify the sentence. Offenders are released upon reaching age 21. Similarly, when sexual abuse is confirmed, the offender is arrested but may be released on bail. Denial of bail is rare, though conditions are imposed, such as prohibiting the offender from contacting the minor.
Many sexual abuse cases end with a plea deal, where the perpetrator admits to sexually abusing the minor to secure a conviction. Prosecutors often consider the victim’s decision to accept a plea deal, but the final decision rests with the prosecutor.
Criminal Trials:
When obtaining a child’s testimony, it is important to consider whether the child would be distressed or intimidated in the presence of the perpetrator. To prevent discomfort and ensure the minor can testify, the child is usually brought to a private room, and testimony is recorded virtually or via video.
Additionally, the child’s statements must not be based on rumors, as this could lead to the case being dismissed. Evidence must be clear and substantial.
The sentence is always determined by the judge handling the case. Victims may submit a victim impact statement to help the judge understand the events. This statement can be oral, written, or both, and is presented with a family member accompanying the victim. Once the prison term is determined, additional conditions may be imposed, such as bail eligibility, no contact with the minor, and reimbursement of expenses incurred by the minor’s family during the legal process.
After a sentence is determined, the accused may file an appeal to review the evidence considered and any excluded evidence. Victim testimony is not always required during an appeal. Appeals must be filed within 30 days of the sentence.
Monitoring of Sexual Offenders:
After sentencing, an offender may be eligible for parole or serve one-third of their sentence before requesting conditional release. High-risk sexual offenders may be placed under lifetime supervision, which can include GPS monitoring, restrictions on living near schools, not working near minors, attending treatment programs, and undergoing polygraph testing.
Some sexual offenders must register in the sexual offender system and provide all relevant information. Only about 2% of sexual abuse defendants fall into this category.
Peace and Protection Orders:
There are two types of emergency orders to help sexual assault victims:
- If the minor is the victim, the parent or guardian files the request with the court. If the court is closed, they can go to the commissioner’s office, which is open 24/7.
- If the judge finds reasonable cause that the acts occurred, a peace or protection order is issued.
- In cases of child abuse, child protective services conduct an investigation through a social worker to verify the allegations.
- A temporary order is served to the other party.
- A hearing is held where the accused presents testimony and evidence to prove innocence.
- The court decides whether to issue a final order.
Criminal sexual assault proceedings can be confusing for victims and even for those falsely accused. It is essential to have an attorney with the knowledge and skills to assist you. We are Progresso Legal Group, here to serve you. We offer a free initial consultation.
Other Related Services:
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At Progresso Legal Group, we are one of the few law firms with attorneys specializing in Criminal Defense, Immigration, and Family Law. This allows us to provide comprehensive legal services to meet the needs of each case. If you or a loved one has been arrested or accused of a crime and needs a criminal defense attorney in court and later an immigration attorney for deportation defense, we can help. We have over 25 years of experience assisting Hispanic families in criminal, immigration, and family courts in Los Angeles, Riverside, Orange, and San Bernardino Counties. Call us at (800) 651-1227 for a free case evaluation.