Consent and character evidence can be huge issues with respect to California sex offenses.
Consent and Character Evidence
There are many offenses where consent becomes the critical issue in the case. Consequently, it is up to a savvy criminal defense attorney to show that the alleged victim did indeed consent. In order to successfully defend his or her client, the attorney works to prove this was an agreed-upon act.
California law, however, makes it difficult for anyone to prove consent. Additionally, it also makes it challenging to initiate evidence regarding the alleged victim’s character. As such, there are only a few ways that these issues can be legally argued and admitted into evidence. This is just one of the reasons why it is so important for the defendant to hire a criminal defense lawyer. Not just any lawyer, hire one who specializes in California sex crime defense. Truly, no other type of attorney will be as qualified to defend against these highly controversial cases.
Consent
California sex crimes such as rape, spousal rape, oral copulation, sodomy and penetration with a foreign object often focus on the issue of consent.
“Consent” with respect to this area of the law refers to positive cooperation in act or attitude pursuant to an exercise of free will. So, it basically means that a person must freely and voluntarily act with knowledge of the nature of the act. The issue is not only critical to the alleged offense, but it necessarily calls into question the nature of any relationship. The relationship, either past or present, between the accused and the alleged victim is important here. Additionally, the alleged victim’s sexual history also comes into question.
Since the alleged victim is not the individual charged with an offense, the law generally regards his or her past sexual conduct as irrelevant. It only allows it to be called into question under a few different limited circumstances.
To be clear, evidence of sexual conduct between the accused and the alleged victim is admissible to establish consent, but it is not sufficient to do so alone.
Consent Claims that are Admissible and Not Admissible
In one instance, the accused may rebut evidence of sexual history. This happens if the prosecution or the alleged victim raises the issue of the alleged victim’s sexual conduct or history. Evidence of prostitution is generally inadmissible as to the issue of consent. However, it may be relevant and admissible with respect to the alleged victim’s credibility. Another instance, along these same lines, is whether the alleged victim has previous false accusations of rape or other sexual offenses. In turn, those facts are generally admissible evidence to attack his or her credibility or character.
Certain instances of rape, spousal rape, oral copulation, sodomy, and penetration with a foreign object arise when a victim is unable to consent. The state must rule on this inability, of course, but it is important to note that the inability to consent can contribute to assault.
This inability to consent is likely due to a mental or physical condition. Additionally, the defendant either knew that fact or reasonably should have known that fact. When these facts exist, it is up to the prosecutor to prove that the victim suffered from such a condition. It is also up to the attorney to prove that such condition rendered him or her incapable of giving legal consent.
Clearly, the issues surrounding consent and character evidence are brief and technical. This is exactly why hiring a great sex crime defense attorney is the key to the best defense.
Hire the Best Defense
The outstanding criminal defense attorneys at The Kavinoky Law Firm know all the complexities related to California sex crime defense. They are also able to effectively tackle any evidentiary and/or defense issue that arises or applies. They keep up-to-date on the latest legal rulings and receive ongoing training and education with respect to this area of the law. Consequently, this provides their clients with unparalleled representation.
They have law offices conveniently located throughout Los Angeles and California. This enables them to provide their exceptional services to those in need. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.
