Sexual offense laws are constantly changing, in part because technology allows different types of access to sexual interaction and in part because deviants find new ways around sexual laws. When a Los Angeles sex offense attorney is brought on to defend someone charged with a sex crime, their job is usually an uphill climb. One odd wrinkle in sex crime/sexual offense law is the role STD's play in the charges brought by law enforcement. Los Angeles sex crime attorneys have witnessed rapists charged with attempted murder if they had AIDS during the time of the supposed incident.
Recently, a convicted sex offender with AIDS was charged with exposing a 16-year-old boy to the virus by having sexual contact with him at least twice last year, according to an indictment unsealed in a New York courtroom. Robert Musmacker, 36, of Oceanside, pleaded not guilty to third-degree criminal sexual act, reckless endangerment, endangering the welfare of a child and other charges. Judge Barbara Kahn set bail at $500,000 cash and $1 million bond.
Outside court, Suffolk District Attorney Thomas Spota said investigators believe Musmacker has had sexual contact with at least one another young male and perhaps "a significant number of young males," Spota said. "If we have other individuals that have had contact there will be more testimony before the grand jury," Spota said.
Prosecutors said Musmacker was convicted in 1992 on charges that he sexually abused a 6-year-old female relative. He was sentenced to 3 to 9 years in prison and was paroled in 2001, prosecutors said.
His sex crime defense lawyer declined to comment outside court but confirmed that his client is HIV-positive. Musmacker was stopped for speeding by state police on the Southern State Parkway Dec. 28, investigators said, and a trooper "noticed suspicious behavior" in Musmacker's car where a non-related 16-year-old boy was the only passenger.
Sex crimes are a serious matter and both courts and communities have little tolerance for those who are even accused of such crimes. Los Angeles sex crime defense attorneys must be creative, knowledgeable and experienced in order to bring about the best possible outcome for the accused.
