Los Angeles Criminal Defense Lawyer Blog

A recent rape case in a district attorney's office near the San Francisco Bay area blew the cover off of an office atmosphere where crude sexual behavior was rampant. But it also shows that witness credibility in Los Angeles sex crimes cases is key to the prosecution and the defense.

In any sex case, the credibility of the witness is going to be a big factor. In cases where there aren't any eye witnesses other than the alleged victim, it becomes even more critical to the state's case. Any person can make up allegations of a sex crime, but without physical proof -- such as DNA or fingerprints -- that prove a person was in the place the alleged victim says the crime occurred, words matter.

And as Los Angeles criminal defense lawyers have seen, who is saying those words is just as important sometimes as what is said. In this case, a person's credibility has derailed the prosecution of an alleged rape.

According to the Los Angeles Times, a 54-year-old prosecutor in Martinez, outside San Francisco, was charged with rape after a co-worker alleged that he had raped her during their lunch break in a case where they prosecuted a person for molestation.

The two had had a sexual encounter before and she said he was "pretty kinky," but she alleged that when he used ice cubes, an ice pick, handcuffs and a gun that caused bleeding, it was rape. He admitted to having rough sex, but said it was consensual.

A judge dismissed the charges recently because while the grand jury heard the woman's side of the story, they didn't hear facts that could have undermined her credibility. They include the fact that she reported the rape to her bosses and they did nothing for four months and even allowed the two to work together, showing they didn't believe her.

The newspaper reports that the 33-year-old woman was a part-time employee who had done poorly on job evaluations and hadn't been offered a full-time position. Some believe she had a motivation to lie in order to free up a position. Her boss was more concerned about her suing if she wasn't offered a job than believing she was telling the truth. She also didn't want to report the case at first.

As the three-year-old case was ongoing, investigation revealed that the sex crimes unit for the district attorney was called a "sex club" by workers there, who would discuss their sexual adventures over lunch and drinks. Some said they enjoyed prosecuting sex crimes because it gave them ideas for the bedroom. And the workers would have co-ed "slumber parties."

Because of the conflict of interest of someone in the office prosecuting a co-worker, the attorney general's office handled the case. The newspaper reports the office is deciding whether to appeal the ruling or file new charges. They say they will take the wishes of the woman, who has since moved to Florida, into consideration.

Continue reading "Bay Area Rape Case Shows Sex Crimes Prosecutions in Los Angeles Can Be Undermined By Credibility Issues" »

In November, San Francisco residents could give Red Light districts the green light if they approve Proposition K. Being heralded as the legalization of prostitution, Prop K would decriminalize prostitution and change the way the city enforces prostitution laws.

Parties on both sides of the debate have been vocal in their arguments. Proponents say Prop K would improve the safety of prostitutes. "Workers would like it if crimes like rape, robbery, theft and coercion were vigorously investigated and prosecuted," said Maxine Doogan of the Erotic Service Providers Union. "We want the right to make reports of crimes against us without being retaliated against by the police department."

The California STD Controllers' Association believes decriminalization will reduce the spread of sexually transmitted diseases and HIV. "Studies have shown that sex workers in decriminalized or legal settings are healthier, suffer less personal violence and are more likely to practice safer sex with their clients," said Association President Jeffrey Klausner, MD.

Opponents fear that Prop K will make it impossible to reign in the sex trade. San Francisco Mayor Gavin Newsom said the measure would severely restrict the city's ability to investigate and prosecute sex trafficking. Under Prop K, the city would be prohibited from using law enforcement resources to investigate or prosecute prostitution or spend money on sex-traffic investigations involving racial profiling.

"This measure is nothing more than a welcome mat for prostitutes and pimps to come and hang out in San Francisco," charged the city's District Attorney Kamala Harris. "It would make it very challenging to investigate and prosecute human trafficking. We need to use police resources to investigate where there is a suspicion that women and children, in particular immigrants, are being exploited."

Prostitution is a crime in California. Prop K calls upon the home powers provided to charter-created counties like San Francisco under Article XI of the California Constitution to circumvent state law, stating that home powers allow "counties to enact laws that exclusively apply to residents within their borders, even when such a law conflicts with state law or when state law is silent." If approved, Prop K would go into effect on January 1, 2009.

Until that occurs, prostitutes, their pimps and clients can still be prosecuted. If Prop K passes, prostitution will still be illegal outside of San Francisco County. It is unclear how internet prostitution, which has been the subject of an aggressive crackdown by Los Angeles County prosecutors, will be affected. Conviction of prostitution, solicitation or pandering can have life-changing consequences, including jail, probation, fines, physical labor, community service, loss of employment, loss of license and security clearance, and public humiliation. If you are charged with prostitution or any sex crime, seek the immediate help of an experienced criminal defense lawyer.

Rape victims are finally catching a break. A new federal mandate that goes into effect in 2009 will allow rape victims to undergo a forensic rape exam in a local emergency room without going to the police. The evidence will be sealed and kept on file in case they decide to press charges. Many rape victims are too ashamed or afraid to go to the police right away. Often, victims are too traumatized to come forward until it is too late to collect evidence. Prosecutors say lack of evidence is one of the biggest obstacles to prosecuting rape cases.

"Sometimes, the issue of actually having to make a report to police can be a barrier to victims, and this will allow that barrier to cease, to allow the victim to think about it before deciding whether to talk to police," explained Carey Goryl, executive director of the International Association of Forensic Nurses.

Under the federal Violence Against Women Act, states will be required to pay for the anonymous $800 rape exams, dubbed Jane Doe rape kits. States will decide where the exams will be offered and how long evidence will be kept. Identified by number to protect the victim's privacy, the evidence will only be provided to police if the victim decides to press charges.

In California, rape is most often charged as a felony. There are three types of rape:

• Statutory rape is a sexual act with a minor under 18.


• Date rape is a forcible sexual act between two people who know each other during a social engagement.


• Spousal rape is forced sex without the consent of the spouse.

Rape can be complicated to both prosecute and defend. The services of a skilled felony lawyer may be necessary. A Spanish version of our criminal defense website is also available.

-Lega

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Sex Offender laws are serious in California. A law on the books known as Megan's Law states that sex offenders, on top of jail time, fines and probation, have to register with the state and their local communities as sex offenders. There has been a great deal of news lately over the Pope's recent comments regarding priests who have sexually molested children, as he stated he was ashamed of their actions. In fact, in Louisiana, the state is trying to put a man to death for raping his 8-year-old step-daughter.

For those who've been abused by a priest, there are websites that can help people deal with this terrible reality. However, there are also laws protecting sex offenders from being unlawfully harassed, attacked or from having their information misused. Sex offenders must register with the state, and their information is available on websites which allow parents and community groups to know who is in their neighborhood in order to protect them.

The information provided regarding these individuals is not to be used by any person to "commit a crime to to harass an offender or his or her family" If this happens, they are subject to criminal prosecution and civil liability. Many sex offenders wear a cyber scarlet letter, meaning they can be discovered by anyone, found out, attacked and harassed by any individuals who wants to abuse them.

While no one condones what they've done, those accused of a sexual offenseand those found guilty of a sexual offense still have rights under the Constitution and under the laws of The State of California and the city of Los Angeles.

Here are some of the laws protecting sex offenders:

• Any person who uses the Megan's Law website to commit a misdemeanor shall pay a fine of between $10,000 and $50,000.


• Any person who uses the information to commit a felony can receive up to a five-year prison sentence.


• A person cannot be rejected for a home loan, car loan, job, education or benefits if they are a registered sex offender.

In a "he said, she said" nightmare, Rob Lowe's nanny Jessica Gibson has filed a sexual harassment suit alleging that the actor repeatedly exposed himself and inappropriately touched both himself and her during the seven years she sporadically worked for the actor and his wife. Gibson further claims that Lowe's wife Sheryl made vulgar comments and paraded around the house nude. The counter-suit comes after Lowe sued Gibson, another nanny and a chef for violating a confidentiality agreement and spreading what he called "a vicious laundry list of false terribles," slandering him and his wife. Daily volleys from both sides are keeping press reporters busy as accusations are met with counter-accusations and the war of words continues to escalate.

Sex cases are always serious legal matters and can be life-changing. Victims bear lifelong scars from sex crimes which inflict not only physical but mental and emotional anguish. Sometimes, though, accusations of sexual misconduct or assault are used as a weapon to assuage hurt and anger or to blackmail and slander, which is what Lowe alleges. Just the accusation of sexual harassment, indecent exposure, molestation, rape, pornography or lewd conduct can ruin an individual's career and family life, particularly in Hollywood where image is everything. Often sex cases come down to a matter of "he said, she said" with few, if any, objective facts to bolster the accusations of either side.

In Los Angeles, the District Attorney's Sex Crimes Unit aggressively pursues and prosecutes California sex crime offenders. Many sex crimes are charged as felonies and carry maximum sentences of eight years in prison for each individual act. A defendant charged with multiple sex acts could potentially face decades or even life in prison. In addition, individuals convicted of serious sex crimes must register as sex offenders for the rest of their lives. Even if not convicted, the mere accusation of a sex crime can haunt a person for the rest of his life.

A comment to our March 25 post, NY Prostitution Scandal Reveals Seamy Sex Politics, points out the power that sexual accusation has to destroy careers and personal credibility.

Reader Tomas objected to our reference to former U.S. Senator Gary Hart saying, "He was never even accused of a criminal act (if there was a criminal act, it was on the part of the reporters spying on him and invading his privacy.) Nor was anything ever proved."

Senator Hart was the clear frontrunner for the 1988 Democratic presidential nomination when rumors surfaced of an extramarital affair with model Donna Rice. The press ran photos of Rice sitting on Hart's lap and dogged him with questions about infidelity. His wife, Lee, stood by him, saying the relationship was innocent. (Though they have separated twice over the years, the Harts have now been married for nearly 50 years.) Crucified in the press, the Hart-Rice sex scandal forced a bitter Hart to drop out of the presidential race. He returned to the practice of law; and while moderately active in politics, never again run for elected public office.

It does not take a charge or conviction to destroy a person's reputation. Just the accusation of sexual impropriety, prostitution or misconduct is enough to destroy politicians, business leaders, respected community leaders, teachers, Scoutmasters and ministers. Charges may be false but the damage to reputations, careers and social standings will have been done.

Tragedies don't just happen in the national arena. Sexual rumors in local communities can destroy community leaders and cause their families great emotional pain. An angry teen may accuse a parent of abuse. A confused child may misinterpret an adult's gesture of comfort. A jilted lover may accuse her partner in consensual sex of rape.

In America we are quick to condemn when charges of prostitution or sexual misconduct are levied. The press is quick to publish the accusations and charges. However, if charges are false and the accused is exonerated, the press is, too often, nowhere to be seen. The stench of the accusation may follow the innocent individual for the rest of his life.

Why do powerful men like recently disgraced former New York governor Eliot Spitzer turn to prostitution for sex? The answer is more complicated than boredom in the marital bed, says best-selling author Dave Zinczenko, editor of upscale magazine Men's Health. Feelings of power and invincibility cause high-profile men to seek high-priced sex from high-class prostitutes.

"They think their invincibility in the office will also extend to their private lives, which they assume will remain private no matter how high-profile they may be," explains Zinczenko. "Arrogance is a form of blindness, after all."

Politicians, corporate officers, actors, musicians and other celebrities have large sums of ready cash at their disposal for hotels, expensive dinners and classy call girls. They spend their day surrounded by people eager to stroke their ego and do their bidding. It seems natural, Zinczenko says, to want to extend that power into the bedroom. At home these powerful men "can feel like they're last in the family pecking order," explains Zinczenko. Their wife's attention is often focused on her own job, social commitments or children. Prostitution boosts the ego and the hormones, a dangerous combination.

In California, Rape is a nightmare, something no woman should have to go through. Rape also has two sides, and there are dangers on both sides. Women have unfortunately lied about rape claims and ruined the lives of some men, and some men have done their best to lie about accusations made as well.

However, the issue of rape is real and it is a horror to everyone involved. Rape, or sexual assault depending upon the type of act committed and the relationship of the individuals involved, has a more broad definition than simply a forced sexual act. For example, is a woman is given a date-rape drug and then engages in sexual intercourse while under the influence, the other person can be convicted of rape. If the alleged victim has a mental illness or is mentally handicapped, the sexual contact can be considered rape even if there is some sense that it is consensual. There also does not need to be physical violence involved, if there is a threat made, or a weapon shown, that would be considered forced sexual contact.

The laws governing rape however are different than the laws governing statutory rape, as that law has more to do with the age of the people involved, rather than whether the sex was forced or not. However, this does mean that an individual can be accused and convicted of rape and statutory rape.

While the statistics have been exaggerated on both sides of the argument, rape is something that happens in all walks of life. College campuses, poor urban neighborhoods, celebrity mansions and middle class America all unfortunately have the terrible elements of sexual misconduct. It is not something a person can escape just because he/she is wealthy.

If you have been accused of rape, here are some important facts and tips to remember:

• Drugs, even prescribed and pharmaceutical drugs, are important factors in many rape cases, and in the defense of such cases.


• When violence is involved, the sentence for sexual assault, rape and the like will increase, especially during a jury trial.


• Rape is a crime that minors can be convicted of, meaning that if a 15-year-old boy is accused of raping a girl, he can be tried as an adult if the circumstances are severe enough.


• Mental illness, therapy, treatment and the like are all factors that are important to the defense of such crimes.

.com/Prostitution.html"> prostitution is classed as Disorderly Conduct. Under California Penal Code, both the prostitute and client can be charged with solicitation and prostitution. In California, it is a criminal offense both to provide sex in exchange for money and to receive sex in exchange for payment. If found guilty, you could face stiff penalties and end up with a criminal record.

To combat prostitution, California law enforcement officers use sting operations and prostitution ring breakups like the tactics that netted former governor Spitzer. Both prostitutes and their clients -- of either gender -- are aggressively prosecuted, particularly in Los Angeles County. While first-time offenses are usually charged as misdemeanors, subsequent offenses can be charged as felonies.

Former Gov. Eliot Spitzer apparently isn't the only politician in New York's capital who believes sex is part of the job benefits package. His political suicide in the recent call-girl prostitution scandal has thrown a spotlight on the seamier side of politics where sex greases palms as often as money. The joke going around the statehouse -- that Spitzer's the only guy in Albany who pays for sex -- is as enlightening as it is disturbing.

It seems there's a lot of fooling around going on in Albany, not all of it by prostitutes. Only hours after being sworn in as New York's new governor, David Patterson confessed to having extramarital affairs with numerous women when he was a state senator. His wife also confessed to having an affair. Politicians, staff, interns, lobbyists and reporters regularly gather at local bars after hours, many looking to hook up for the night. Sex is the currency in which political favors are bought and sold.

According to Albany insiders, until just a few years ago intern selection at the start of each new legislative session gave new meaning to the term "cattle call." In a tradition going back decades, interns were herded into a statehouse newsstand where legislators made their selections based on looks, not resumes.

"Unfortunately, many of the people who seek public office are flawed people to begin with, and the environment in Albany just tends to bring that out," Paul Clyne, former Albany district attorney, told the Associated Press. It was Clyne's scathing 2004 report on the intern program that led to reforms and an end to fraternization between legislators and interns.

And the problem isn't limited to New York. Power, politics and sex have long been bedfellows. Sexual politics and prostitution are part of the political scene nationwide and in Washington, D.C. Sex has brought senators and congressmen to their knees and nearly forced President Clinton out of office in 1998. A 2004 sex scandal was the undoing of former New Jersey Gov. James McGreevey and derailed Colorado Sen. Gary Hart's 1988 presidential aspirations.

"It really is not anything new," said Tom Fiedler, a lecturer at Harvard's John F. Kennedy School of Government and former Miami Herald reporter who covered the Hart scandal. "I would have no reason to believe any public officer is any less susceptible to temptations of the flesh than anyone who is not in public office."

Over the course of the 20th Century as women's rights have improved in the United States, the issue of sexual harassment has grown increasingly prominent. Laws have been enacted to protect both men and women from unwanted sexual advances as well as any sort of sexual indiscretions.

Along with laws and statutes protecting racial and ethnic minorities, the Civil Rights Act of 1964 included language to protect women in the workplace. A federal organization was started named the Equal Employment Opportunity Commission (EEOC) and their task, among others, was to protect employees from sexual harassment in the work place. Sexual harassment is not simply a dirty old man asking his secretary for favors, rather it encompasses any of the following:

• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.


• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.


• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.


• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.


• The harasser's conduct must be unwelcome.

While it may seem like fifty years ago that men were chasing their secretaries around the office, over 12,000 cases of sexual harassment were reported in 2006 to the EEOC, and over 15% of those were men who claimed to be sexually harassed.

Some of these issues get even more complicated via retaliation discrimination. Meaning, if an individual presses charges or speaks out against an employer because he/she feels they were sexually harassed, the employer may suspend, deny to promote or even fire the individual who spoke out. As shameful as that may seem, over 22,000 cases of retaliation were reported to the EEOC in 2004, almost a 2-1 ratio in retaliation to complaints, meaning employers seem to want to make examples of people who speak out against them.

Institutions such as UCLA have put efforts into preventing sexual harassment and educating their employees as to not only what constitutes it, but how to go about dealing with it.

The issue is still a major factor in today's working place, and people who even seem to be bastions of liberality in the work place have seemed to have crossed the line. Former California State Senate President, and long time Democrat, John Burton had charges filed against him by the former Executive Director of his charity.

The penalties for sexual harassment range from civil to criminal penalties. And individual found guilty or responsible for sexual harassment can be immediately terminated from employment, fined by a state government agency (i.e. the EEOC), have the employing