If you have recently been charged with a sex crime, you are probably feeling a little overwhelmed. You may be scared, embarrassed, confused, and worried. Sex crimes can turn your life upside down in a matter of seconds. The stigma that accompanies a sex crime charge does not easily go away. People may look at you and associate you with this embarrassing crime for years to come. At the Law Office of Andres R. Guevara, we work hard to keep your reputation intact. We don’t want one mistake to ruin the rest of your life, and if you have been wrongfully accused of this crime, we don’t want another’s mistake to ruin you either. It’s important to get a lawyer who does not think of you as just another client. You want somebody who will listen to you, care about you, and stand with you no matter what.
Throughout this process you probably have a lot of questions: What do I do if I have been arrested for a sexual assault charge? How will this charge change my life? How will this affect my future? These are very valid questions. We want to help you make sense of the charge, beginning with what exactly constitutes a sex crime.
Being charged with child molestation is not something to take lightly. Child molestation includes sexual acts with children up to the age of eighteen. These acts could include the touching of private parts, exposure of genitalia, the taking of pornographic photos, and the inducement of sexual acts. Furthermore, this crime also includes incestuous sexual acts between a minor and an adult family member. To put it generally, child molestation is any unwanted sexual acts between an adult and a minor.
For the most part, child molestation charges will be prosecuted under state laws. However, if the acts occur on federal land, they can be prosecuted under federal law resulting in even harsher fines and punishment. An example of property that would be considered to be a part of federal land would be a military base.
It is widely known that pornography is protected under the First Amendment. However, if a child is involved, the First Amendment protection does not withstand. The United States law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. These depictions can include photographs, videos, and digital or computer-generated images. The depictions can also include undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography. Therefore, the argument that an image hasn’t been developed and therefore cannot be considered child pornography is not valid in court.
If a parent or legal guardian takes photos or videos of his or her child and attempts to sell, buy, or transfer these photos or videos, the parent can be charged with child pornography. Putting your child in a sexual position with the intention of making a profit is not allowed.
The punishments for child pornography are not to be taken lightly. A first time offender will typically have to serve 5–20 years in prison. However, these charges can be more severe in the case that the photos are violent, sadistic, or masochistic in nature. If the child was sexually abused, the charge will also be more severe. If you have been charged with child pornography or another sex crime, you need someone who will defend you and your reputation aggressively, so that you do not lose your life to a prison cell.
Rape and Statutory Rape
Rape is nonconsensual sexual intercourse. By definition, this intercourse occurs at the time of sexual penetration. Many times, a rape occurs by use of force, threats, or fear. It is also rape if the victim is prevented from giving proper consent with the use of drugs or alcohol.
Statutory rape occurs between an adult and a minor. For the purpose of statutory rape, an adult constitutes a person over the age of eighteen, while a minor is someone under the age of fifteen. Even if a minor gives consent, it is still considered statutory rape under the assumption that a minor does not fully understand the idea of consent for sexual activities.
Registration of Sexual Offenders
A person who has committed a sex offense and is considered a sexually violent predator must be registered as a sexual offender. In Colorado, the only way that a person can avoid registering is if the court acknowledges that the person was under eighteen at the time of the act or if the court decides that the registration is unfair and that the person is not a threat to the community.
During the registration process, a person must provide his or her name, date of birth, address, place of employment, email address, chat room identities, current photograph, and a full set of fingerprints. If a person fails to register, he or she can face jail time and fines.
Where do I go from here?
Any of these charges could affect your future in major ways. Your reputation could be ruined, you could lose parental rights, you may lose unsupervised access to your child, and your criminal record may be blemished. We can help you attain the best future possible. Contact the Law Office of Andres R. Guevara, where we treat our clients like people. We will listen to your side of the story and do everything we can to help you out of this messy situation. We are here for the people of Denver, Colorado, and the surrounding areas, and we will continue to fight for people like you.
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