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Certain people who are convicted of sex crimes must register as offenders.  Penal Code Section 290(c) lists the specific offenders that must register.  California Penal Code Section 290.46 specifies different categories of registration. Depending upon the nature of the offense and the category in which the offender is classified, the offender’s home address or zip code may be publicly posted.Sex offender registration is designed to protect the public by making them aware of potentially dangerous individuals in their area.  A law called Megan's Law requires law enforcement to provide notice of registered sex offenders to the public.  Megan’s Law is named after a seven-year-old girl who … [Read more...]

When a sexual assault or other sex crime occurs, understanding the law is important.  Criminal and civil laws are different, and victims who are harmed by an act of sexual assault or violence may be able to file a civil lawsuit regardless of whether a prosecutor moves forward with a criminal case.Statutory rape is one situation where an abuser could face both criminal and civil cases.  California Penal Code Section 261.5 defines unlawful sexual intercourse to include: "an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor."  Statutory rape laws in California make it a crime for anyone over 18 to have consensual sex with … [Read more...]

Civil Lawsuits for Sexual Abuse: A Guide for Victims by Michael Waks Criminal courts are often ill-equipped to provide remedies for sexual assault victims. There has been an increasing trend towards victims pursuing civil cases. … [Read more...]

Daycare centers are entrusted with the care of children and are expected to act in loco parentis - in place of the parent - while children are under their control.  Daycares must provide adequate supervision, follow all state guidelines for licensing and provision of care, and must ensure they exercise reasonable caution in all interactions with children.Sometimes, daycare centers fail in egregious ways and children become victims of criminal acts.  When that happens, parents may wish to hold those responsible accountable for the harm their child endured.  In order to sue after a child's sexual assault at a daycare center, the parents must first determine who was responsible.Who Can … [Read more...]

Sexual Assault Is A Common Problem: Sexual Assault Victims Have Rights by Michael Waks Rape, Abuse & Incest National Network reports that an average of 293,066 victims age 12 and older are raped or sexually assaulted every year. Every 107 seconds, a teen or adult in America is raped or sexually assaulted. Sexual abuse and sexual assault are crimes, but too often perpetrators are not prosecuted.Sexual assault victims have rights. Learn more about it in this presentation. … [Read more...]

Sexual assault can have devastating emotional ramifications, in addition to sometimes causing physical harm. Unfortunately, sexual assault is far more common than most people realize and it can happen in locations where people go every day.Sexual Assault On the Los Angeles MetroThe LA Times recently published an article about the problem of sexual assault on the Metro.  The Metropolitan Transit Authority conducted a survey of rail riders over the course of May and June.  The Transit Authority asked several questions as part of its regular poll of passengers, including whether the passengers had experienced any type of sexual harassment on the metro over the course of the past six … [Read more...]

Universities have an obligation to create a safe space for students and can be held accountable for failure to act when there are risks of harm.  Currently, there are more than 100 universities across the United States who are under investigation by the Office of Civil Rights for the U.S. Department of Education.  The schools are being investigated for their handling of sexual assault concerns.  Federal laws require schools to take immediate steps to address not just sexual discrimination, but also possible sexual violence or harassment on campus - but schools are clearly failing in this obligation.To provide more guidance for schools throughout California, and to ensure schools are … [Read more...]

In 2005, famous comedian Bill Cosby testified in a civil lawsuit brought against him by a former employee of Temple University.  The civil lawsuit arose out of claims that Cosby tricked the plaintiff into taking drugs and then subsequently sexually assaulted her.In Cosby’s testimony, he admitted that he had obtained seven prescriptions for Quaaludes in the 1970s and that he had thought about using the drugs on women who he wanted to engage in sexual behavior.  While he did not admit to giving the plaintiff Quaaludes in this particular instance of alleged sexual assault, he did acknowledge giving her over-the-counter Benadryl, which can have the affect of making someone drowsy.The … [Read more...]