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Sex crimes

In the area of sex crimes, this is a broad category which usually involves rape OR sexual battery, homosexual acts, public indecency and prostitution.

Rape is defined as sexual penetration of a victim by the defendant. If the defendant commits rape while armed, causes bodily injury, or is aided by another person, the more serious offense of aggravated rape is charged. If intercourse occurs when a participant is unable to give consent due to drug or alcohol intoxication, or due to mental incapacity, the act is rape. The rape of a child under the age of thirteen usually carries the same penalties as aggravated rape. Statutory rape is sex between a defendant at least four years older than the victim and a victim between thirteen and eighteen years of age.

Defenses to rape

Typically, in sex crimes, there are only two defenses in sex crimes for rape. They are either the defense that the subject consented to the act and as such, there was no force. And there is the defense that the victim has misidentified the accused. With the advent of DNA technology, the defense of mistaken identity is a difficult one.

Sexual battery is sexual contact by force between a defendant and a victim. If sexual contact is committed with a weapon, causes harm, is aided by another person, or the victim is under thirteen, the offense becomes aggravated sexual battery.

Homosexual acts involve penetration by consenting adults of the same sex. Public indecency involves nudity or certain sexual acts in a public place. Prostitution is usually defined as engaging in sexual activity as a business. The penalties for these various offenses vary from state to state.

Child molestation takes place when an adult engages in any type of sex act with a person under the age of 18. It is illegal for an adult to touch any portion of a minor's body with a "lewd and lascivious" intent.

Defense to child molestation

Usually, the defense of consent is not available to a child molest charge. In other words, even if the under age victim was a willing participant, a sex act or improper touching is still a crime. Usually, mistake of age is not a defense. A common exception is in the crime of sexual intercourse with a minor (commonly called "statutory rape"). In some jurisdictions, if the minor is 16 or 17 but presented herself as being over 18, that is a defense. But if the minor was under 16, mistake of age is not a defense.

Prostitution is the act of engaging in a sex act for money. It is also illegal for a person to solicit, or ask another to engage in a sex act for money. Therefore, it is illegal for a person to offer to have sex with another for money and it is illegal for a person to accept the offer of another to have sex for money.

There is a common myth that undercover officers who pose as "hookers" or "johns" must properly identify themselves when asked. In other words, many people think that if the undercover is asked, "Are you a cop? ", he or she must answer "yes" or have the case dismissed. This is not true. It is not improper for the police to lie.

A common defense to prostitution is entrapment. While it is legal for the police to lie, they may not unreasonably pressure a suspect to commit a crime. As an example, a female undercover officer cannot approach a potential "john" and say "Please have sex with me for $50.00. I need the money to feed my starving children." The police are aware of the law of entrapment. Often they will attempt to protect themselves from charges of entrapment by recording all the dialogue leading up to the arrest.