Being accused of a sex crime is devastating. Your world can feel like it’s falling apart—your reputation, relationships, and freedom hang in the balance. In moments like these, you need someone in your corner you can trust to fight for your rights, voice, and future. That’s where Keegan Law comes in.

California’s laws on sex crimes cover a variety of offenses—each with specific definitions, penalties, and long-term implications. Here are some of the most common charges.

Sexual Battery

California defines sexual battery as the unwanted touching of another person’s intimate parts for sexual gratification, arousal, or abuse. As a wobbler offense, this can be charged as either a misdemeanor or felony based on the case’s specific circumstances, the individual’s criminal history, and the prosecutor’s judgment in choosing how to file the case. Penalties can generally include fines of up to $10,000 and/or up to four years in prison.

Rape

Rape is defined in California Penal Code Section 261 as non-consensual sexual intercourse obtained through force, fear, fraud, or when the victim is incapable of consenting due to intoxication, incapacitation, or other forms of coercion. A conviction for rape can result in up to eight years in state prison, with additional time for aggravating factors, mandatory sex offender registration, and other penalties.

Statutory Rape

Statutory rape involves adults engaging in sexual activity with minors under 18—regardless of whether the adult thought the act was consensual. California law does not allow minors to consent legally, and penalties depend on the age difference between those involved. Consequences may include imprisonment and mandatory sex offender registration.

Indecent Exposure

Indecent exposure is intentionally revealing one’s genitals in public to offend others or for sexual gratification. First-time offenders usually face misdemeanor charges, but repeat offenses can lead to felony charges. Regardless of whether an indecent exposure case is charged as a misdemeanor or felony, the person accused still risks potential consequences such as mandatory sex offender registration or time in custody.

Child Molestation 

Child molestation is defined in Penal Code Section 288 as lewd or lascivious acts committed with a child under the age of 14 with the intent to arouse or satisfy sexual desires. This offense can also include acts against children aged 14 or 15 if the perpetrator is at least 10 years older. Child molest convictions can carry incredibly harsh potential penalties such as substantial prison time and mandatory registration as a sex offender. 

Child Pornography

Engaging in the possession, distribution, or production of child pornography is a felony offense under California law. Penalties may include substantial prison sentences and mandatory sex offender registration, depending on factors like your alleged involvement, the number of images or videos purportedly involved, and what those images or videos seemingly depict.

Each of these charges can drastically alter your life—making it critical to have a sex crimes defense lawyer who understands California law and knows how to build a strong defense specifically tailored to you and your case.

The consequences of a sex crime conviction don’t end in the courtroom. Beyond fines and prison time, these charges carry lasting repercussions that can affect where you live, work, and how you’re perceived in your community. Collateral consequences can include the following:

• Sex offender registration. Many sex crime convictions require mandatory registration as a sex offender under California Penal Code Section 290. This can limit where you live, work, and even travel.
• Employment, education and living barriers. A conviction can make finding a job or pursuing educational opportunities challenging due to background checks that will likely reveal your record. 
• Damage to your reputation. Accusations alone can strain personal relationships and damage your standing in the community. Such relational damage often results in long-term emotional distress and social isolation.

These collateral consequences make building a strong defense essential to protecting your future and maintaining a chance at recovery and redemption.

Because no two cases are the same, we approach each case with the attention and dedication it deserves, exploring all possible defenses. Allegations of sex crimes can carry severe consequences, both legally and personally, so developing a robust defense is essential. Our team is committed to investigating every detail, challenging the evidence, and protecting your rights every step of the way. Let’s discuss some common defense strategies.

Evaluating Consent

In cases like sexual battery or rape, it is often a defense if the sexual encounter was consensual. Establishing mutual agreement often involves analyzing communications, relationship dynamics, and behaviors leading up to the incident that a seasoned criminal defense attorney will discuss with you at length.

Insufficient Evidence

The prosecution must prove guilt beyond a reasonable doubt, and that standard applies to every single element of the offense. We rigorously examine the prosecution’s evidence, highlighting weak testimony, lack of forensic proof, or inconclusive findings to create reasonable doubt. We also work directly with you to understand your version of events and explain any seemingly “strong” evidence, because in sex cases, there is almost always more to the story than you will initially hear from the accuser or read in the police reports.

Mistaken Identity

Misidentifications happen, particularly in high-stress or traumatic situations. Eyewitness accounts, especially when made under pressure, can be unreliable. When accusations are made years or even decades after the fact, the reliability of witness identifications gets even weaker. At Keegan Law, our team has successfully argued mistaken identity by calling the witness’s ability to accurately identify the perpetrator into question, or by using alibi evidence to prove our client was elsewhere.

False Accusations

Unfortunately, false allegations do occur, often stemming from misunderstandings, vengeful motives, or mistaken identity. This is why understanding the underlying dynamics of the relationship, evaluating potential biases, and investigating historic issues with a witness’ credibility are crucial. We work to uncover inconsistencies in the accuser’s statements, motives, or timelines to help you reveal the truth for whoever needs to hear it–be it a prosecutor, judge, or jury.

Facing false rape accusations can upend your entire life—threatening your freedom, reputation, and personal relationships. However, it is crucial to remember that being accused does not mean you are guilty. You have every right to defend yourself, and swift action is key to protecting your future.

If you are dealing with false allegations of a sex crime, here’s what you should do:

• Contact an experienced sex crimes attorney immediately. Acting quickly gives your lawyer time to gather vital evidence, protect your rights, and build a solid defense.
• Exercise your right to remain silent. Police are trained in the art of interrogation and know how to get you to make statements against your interests. Avoid speaking with law enforcement until your attorney is present to ensure you do not say something you can’t take back, or that will be misinterpreted.
• Document everything. Save all texts, emails, or other communications that could support your side of the story. Be prepared to discuss this potential evidence with your attorney, so they can use it to help craft your defense.
• Do not confront the accuser. Engaging with the accuser can worsen the situation and may harm your case, as does speaking with other individuals about the allegations. Once you make a statement you can never get it back, so refrain from discussing the case with anyone until you have a criminal defense team in your corner guiding you on the best way to proceed.

Our team at Keegan Law understands the immense challenges false accusations bring. We will handle your case with care and determination—working relentlessly to uncover the truth and defend your innocence.

If you or someone you love is facing sex crime charges, the time to act is now. The criminal justice system is complex, but you don’t have to face it alone. When you are accused, you need a sex crimes attorney who will listen, investigate, persuasively present your side of the story, and fight for you. Attorney Ally Keegan brings years of experience handling complex sex crime cases in San Diego to the table, and she treats every client with dignity and respect, offering judgment-free guidance.

Whether it’s your first time being accused of a crime or you’ve been involved in the criminal justice system before, facing criminal charges never gets easier. At Keegan Law, we understand how much you have at stake and know there is no one-size-fits-all approach to criminal defense. That’s why we provide compassionate, personalized representation and work tirelessly to achieve the best outcome for you. Contact us to schedule your confidential case evaluation and begin building your defense today.