Los Angeles Sexual Assault Lawyer Blog

A Costa Mesa man sat on trial recently as jurors had to determine whether he raped two women in 2008 and 2009 or whether the sex was consensual. After deliberating two days, the jury found the man guilty and he now faces up to 140 years to life in prison, The Orange County Register reports.

The 42-year-old man was found guilty of two counts of forcible rape and, under California law, his sentence has been enhanced because of the allegation that he forcibly raped multiple victims.

The rape of a minor in California is a serious offense and, as revealed by this story, punishable by years or decades in a state prison. That's why hiring an experienced and aggressive Los Angeles Rape Defense Lawyer should be the first step in fighting the charges.

According to the news story, the man allegedly raped a 17-year-old illegal immigrant whom he supervised at a dry cleaning business in Fountain Valley in 2009. Less than a year earlier, the prosecution alleged, he broke into a friend's apartment and raped her.

The man's defense team argued to jurors that the sex with both women was consensual and that a false accusation is like a "scarlet letter" that irreparably harms a person's reputation. Neither woman reported the alleged incidents immediately and the defense argued that they filled in the blanks by lying on the witness stand on trial.

The man was previously convicted of vehicular manslaughter in 1992 and this conviction could count as a second strike of the state's three strikes rule. The judge has the discretion not to sentence him for that strike, but the minimum term he faces is 50 years to life, the newspaper reports.

Sex crimes in Los Angeles and throughout California are among the most complex cases in the criminal justice system. Many consider them to be the most serious aside from murder.

But the public should also keep in mind that not everyone who is arrested is guilty. The police get it wrong. The victims have vendettas they take out on people with false accusations and witnesses make incorrect identifications of people they deem suspects. This isn't a 30-minute TV drama.

In real life, DNA isn't a fool-proof science. How police collected and handled samples, how state or private laboratories examined them should be reviewed. And the results don't come out of a computer with 100 percent certainty after a few quick tests. There is human error and the results are complicated.

Especially in cases where a minor is the alleged victim, they can sometimes be mistaken about who committed the alleged crime or sometimes they have the tendency to make things up. Scared teens who know they shouldn't be sexually active may lie to police and their parents in order to save face. This can lead to arrests and false convictions.

But the good news for these defendants is that there's an experienced Los Angeles Rape Defense Attorney who will stand by their side. Everyone, regardless of the crime, has a right to a fair trial and an aggressive defense. This means attacking all aspects of the state's evidence. It may mean getting evidence thrown out if police obtained it improperly.

Continue reading "Costa Mesa Man Convicted of Raping Two Women" »

A 23-year-old man recently pleaded guilty to kidnapping a woman at gunpoint and raping her in a 2008 case that had gone cold until last year, The Los Angeles Times reports.

Our Los Angeles Sex Crimes Lawyer is the only Nationally Board Certified Criminal Trial lawyer in California who is also educated as a Forensic Scientist. We not only have experience in criminal law, like other Los Angeles defense attorneys, but we have knowledge of science and how DNA and other areas of science work so we can best defend you from these serious crimes. Los Angeles sex crimes are serious and can send someone to prison for years and sometimes decades. So, trust a law firm that has knowledge the other lawyers don't.

According to The Times, the 23-year-old kidnapped the woman as she walked through the Compton Courthouse grounds and raped her in an area not visible to passersby, the Los Angeles County Sheriff's Office said. Detectives said they developed a "DNA hit" last year that led them to the suspect.

DNA has become a valuable tool for law enforcement as the science of it has become more and more prevalent. Detectives are trained in how it can help them solve cases, especially sex-related cases, and some agencies have entire units dedicated to studying and testing items for DNA.

With penalties for sex crimes so tough in California, these charges must be well-defended. According to California Penal Code 261, rape is defined as sexual intercourse accomplished with a person not the spouse of the perpetrator, under a list of circumstances, most of which include by force, when the person was unconscious or otherwise unaware or unwilling.

According to the law, the crime is punishable by a minimum of three, six or eight years, but prosecutors often push for tougher penalties if other crimes are committed during the rape. Enhancements for kidnapping, use of a weapon or other factors may be applied.

While this case was solved by law enforcement getting a "DNA hit," likely through a database of criminals, not all DNA evidence is iron-clad. DNA almost never is an exact match to a person. For instance, when experts testify in court, they test samples of evidence and examine it with a sample of the suspect's DNA for comparison. How and why the sample was obtained, its age and the chain of custody are all valid defense considerations.

Our firm is committed to using our own experience and that of hired experts to challenge evidence in the course of defending a case a preserving our clients' rights.

Continue reading "Palmdale Man Sentenced to 25 Years to Life After "DNA Hit" Solves Rape Cold Case" »

DNA has linked a death row inmate to a series of sex crimes and murders in Los Angeles. In some cases, other defendants had been convicted of the crimes, The L.A. Times reported.

Our Pasadena criminal defense lawyers understand the complex issues involving cold cases solved, or allegedly solved, using DNA evidence. Many defendants convicted of felony crimes are required to submit a DNA sample to state and federal databases. as a result, the Combined DNA Indexing System (CODIS) continues to link defendants to unsolved crimes months or even years after the fact. And states continue to pass laws permitting the prosecution of such cases even when the statute of limitations would have otherwise expired.

In this case, Chester Dewayne Turner, one of L.A.'s most notorious serial killers, has been charged with four additional murders as a result of DNA evidence. The cases are roughly 15 years old and in two instances another man was wrongfully convicted and spent more than a decade in prison before freed by DNA evidence. Turner was sentenced to death in 2007 for the murder of 10 women. A one-time pizza delivery man, he was one of at least 5 serial killers who roamed the streets in the 1980s and 1990s.

Cold cases have significant issues with evidence being lost or destroyed, witnesses dying or moving away, memories fading, and other complications, which can work both for and against a defendant. In general, they are much more complicated than handling present-day crimes.

This case also shows the problems associated with relying upon eyewitnesses or other evidence in cases where no physical evidence exists. Several men ultimately went to prison for sex crimes and/or murders they did not commit.

Continue reading "DNA Evidence, cold cases, eyewitness testimony frequently impact sex crimes in Los Angeles" »