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Continuous Sexual Abuse of a Child: Understanding California Penal Code 288.5

Posted by Vitaly Sigal | Oct 14, 2024 | 0 Comments

California Penal Code 288.5 addresses one of the most serious sex crimes in the state: continuous sexual abuse of a child. This statute was enacted to combat prolonged sexual abuse of minors by individuals with regular access to them.

Key Elements of the Continuous Sexual Abuse of a Child Crime in California

To be charged with continuous sexual abuse, the prosecution must prove:

1.    The defendant resided with or had recurring access to a child under the age of 14 years old.

2.    Over at least three months, the defendant engaged in three or more acts of substantial sexual conduct or lewd acts with the child.

3.    The child was under 14 years old when the acts occurred.

It is crucial to understand that the jury does not agree on which specific acts occurred, only that at least three such acts took place over the specified timeframe.

Penalties and Consequences for the California Crime of Continuous Sexual Abuse of a Child

If a defendant is convicted of this type of crime, they will be facing severe penalties, including:

·        A state prison sentence of 6, 12, or 16 years, and

·        Mandatory lifetime registration on the sex offender list.

Further, any conviction will have far-reaching consequences on the defendant's employment, housing, and personal relationships.

How a Criminal Defense Attorney Can Help

Defending against the crime of continuous sexual abuse in California requires a nuanced approach. After your criminal defense attorney reviews your case and begins to gather evidence, they will offer you a strategy defense strategy, which may include:

·        Challenging the alleged victim's age at the time of the acts.

·        Disputing the sexual nature of the contact.

·        Demonstrative the lack of recurring access to the child.

·        Addressing issues of false accusations or mistaken identity.

Each case is unique, and a thorough investigation is essential to building a strong defense on your behalf.

At Sigal Law Group, our attorneys recognize the gravity of these charges and the complexities involved in such cases. As such, they will ensure you get the best possible outcome for your case. Contact us today for a free consultation.

About the Author

Vitaly Sigal

Vitaly Sigal Sigal Law Group Owner 355 S. Grand Ave, Suite 2450 Los Angeles, CA 90071 (213) 620-0212 Vitaly Sigal has extensive trial experience and is not afraid to take your case to trial if necessary. From straightforward to complex litigation, Mr. Sigal handles every case with the same i...

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