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The LAPD Sex Crimes Division called. They want to interview you about a sexual assault allegation. An ex-girlfriend accused you of rape. You haven’t been charged with anything yet. You don’t know if you need a lawyer. You’re terrified.
Thanks for visiting Spodek Law Group – a second generation law firm with over 50 years of combined experience. Our managing partner, Todd Spodek, has many, many, years of experience defending clients in high-profile cases covered by NY Post, Newsweek, and other national outlets – including Anna Delvey and juror misconduct allegations in the Ghislaine Maxwell trial. What qualifies as a sex crime in California, what penalties you face, whether you have to register as a sex offender, how to defend against false accusations, and why you need a lawyer RIGHT NOW before talking to LAPD.
Sex crimes in California range from misdemeanors punishable by six months in county jail to serious felonies carrying eight years in state prison. Rape under California Penal Code Section 261 is nonconsensual sexual intercourse accomplished by force, violence, duress, menace, or fear of immediate bodily injury. The prosecution must prove you used force or the alleged victim did not consent.
Statutory rape under Penal Code Section 261.5 criminalizes sexual intercourse with a person under 18 years old. Consent is not a defense. California law presumes minors cannot legally consent to sexual activity. It doesn’t matter if the minor said yes. It doesn’t matter if the minor initiated the contact. If the alleged victim was under 18, you can be prosecuted even if the sexual activity was completely consensual.
Child molestation under Penal Code Section 288 prohibits lewd or lascivious acts with a child under 14 years old. Sexual battery. Indecent exposure. Prostitution. The LAPD Sex Crimes Division investigates all of these from their headquarters at 100 West 1st Street in downtown Los Angeles.
Rape under Penal Code Section 261 is punishable by three, six, or eight years in California state prison. The judge selects the low, middle, or high term based on aggravating and mitigating factors. A rape conviction counts as a “strike” under California’s Three Strikes Law. Get convicted again, your sentence doubles. Rape convictions also carry fines up to $10,000.
Statutory rape under Penal Code Section 261.5 can be charged as a misdemeanor or felony depending on the age difference between the defendant and the alleged victim. Misdemeanor statutory rape carries up to one year in county jail and fines up to $1,000. Felony statutory rape carries up to four years in state prison and fines up to $10,000. Prosecutors typically charge felony statutory rape when the age gap exceeds three years. Child molestation under Penal Code Section 288 is punishable by three, six, or eight years in state prison. If the child was under 14 and the acts involved force or violence, the penalty increases to five, eight, or ten years. Lifetime registration. Child molestation convictions require lifetime sex offender registration. Sexual battery can be charged as a misdemeanor or felony. Misdemeanor sexual battery carries up to one year in county jail and fines up to $2,000. Felony sexual battery carries two, three, or four years in state prison. Indecent exposure is typically a misdemeanor punishable by up to six months in county jail for a first offense, but becomes a felony for subsequent offenses.
In 2021, Senate Bill 384 created a three-tiered registration system. Tier 1 offenses require registration for a minimum of ten years. Tier 1 includes offenses like indecent exposure and misdemeanor sexual battery. Tier 2 offenses require registration for a minimum of 20 years. Tier 2 includes lewd acts with a minor under 14. Tier 3 offenses require lifetime registration. Tier 3 includes rape, sexual assault on a child under 10, and sex trafficking. Sex offender registration under Penal Code Section 290 requires you to register with local law enforcement within five days of release from custody. You must update your registration annually within five days of your birthday. You must update your registration within five days of changing your residence. Your registration information is posted on California’s Megan’s Law website where anyone can search for registered sex offenders by name, address, or zip code. Sex offender registration destroys your life. You cannot live within 2,000 feet of schools or parks for certain offenses. Employers routinely deny employment to registered sex offenders. Landlords refuse to rent to registered sex offenders. International travel becomes nearly impossible because many countries deny entry to registered sex offenders. In Los Angeles, where housing costs are already astronomical, finding housing as a registered sex offender is virtually impossible.
False sex crime accusations are common. Divorce and child custody disputes motivate false accusations when one parent wants to gain leverage in custody proceedings. Retaliation for ending a relationship motivates false accusations when a former partner wants revenge. Regret after a consensual sexual encounter motivates false accusations when someone wants to avoid embarrassment. Mental health issues of the accuser can lead to false memories. Mistaken identity.
Common defenses include consent, false accusation, and lack of evidence. The consent defense applies when sexual contact occurred but was consensual. This defense is NOT available for statutory rape because minors cannot legally consent under California law. The false accusation defense focuses on the accuser’s motive to lie. Your defense attorney will investigate whether the accuser has made similar accusations before, whether the accuser has a history of dishonesty, whether the accuser’s statements have been inconsistent.
Many sex crime cases are “he said/she said” situations where there are no witnesses and no physical evidence. The case becomes a credibility battle. Who does the jury believe? The prosecution must prove every element of the charged offense beyond a reasonable doubt. No DNA evidence, no witnesses, no corroborating physical evidence, and the alleged victim delayed reporting for weeks or months? The prosecution’s case weakens significantly.
The LAPD Sex Crimes Division investigation process begins when an alleged victim reports to LAPD. Detectives interview the alleged victim multiple times. They collect DNA samples, clothing, photographs of injuries. They examine phone records, text messages, emails. After completing their investigation, detectives present the case to the Los Angeles County District Attorney’s Office, which decides whether to file criminal charges.
You absolutely need a criminal defense attorney before charges are filed. The LAPD Sex Crimes Division investigates cases for weeks or months before the District Attorney files criminal charges. Anything you say to detectives will be used against you at trial. You have constitutional rights under the Fifth Amendment against self-incrimination and the Sixth Amendment to counsel. These rights only protect you if you invoke them. Detectives will tell you that you’re not a suspect, that they just want to hear your side of the story, that it will look bad if you refuse to cooperate. They’re lying.
If detectives want to interview you, you are already a suspect. Every statement you make to police goes into an investigative report that prosecutors use to build their case. If you lie to police, you commit a separate crime. If you tell the truth but your statement contradicts other evidence, prosecutors use your statement to impeach your credibility at trial. You cannot talk your way out of a sex crimes investigation. You cannot explain. You cannot fix this without an attorney. Anything you say will be used against you.
An experienced criminal defense attorney can intervene during the investigation stage before charges are filed. Your attorney can present exculpatory evidence to the District Attorney that shows the allegations are false or that the evidence doesn’t support criminal charges. Your attorney can prevent charges from being filed if the evidence is weak. Once charges are filed, defending the case becomes much more difficult and expensive.
Unlike other law firms who maintain relationships with prosecutors and prioritize those relationships over your defense, Spodek Law Group fights aggressively to protect your constitutional rights. We challenge illegal searches and seizures. We suppress statements taken in violation of Miranda warnings. We force prosecutors to prove every element of their case beyond a reasonable doubt. We are available 24/7 for a risk-free consultation.
Don’t make statements to LAPD. Don’t make statements to DA. Don’t make statements. Call us. 212-300-5196.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS