Aggressive And Creative Defense Against Accusations Of Rape And Sexual Assault In California
Accusations of sexual misconduct are extremely emotionally and mentally trying for clients particularly due to the media interest and social stigma associated with even an arrest. Clients are often denied their right to privacy and are tried and convicted by the media before even stepping inside a courtroom. Furthermore, California sex crimes are harshly punished with penalties, including lengthy periods of incarceration and sex offender registration under Megan’s Law.
John M. Runfola has over 40 years of experience with presenting a confident and balanced image of his clients both inside the courtroom and in the media. Mr. Runfola has assisted numerous wrongly accused clients with fighting against unfounded allegations, sloppy police investigations, and slander. Utilizing a skilled team of attorneys, paralegals, investigators, and experts, our law firm takes a personalized approach to each case, thoroughly reviewing evidence and crafting a customized defense strategy based on the facts and the client’s goals.
Sexual Battery And Rape
The state of California divides sex crimes into two categories: sexual battery and rape.
- Sexual battery: The touching of another’s intimate body parts without that person’s consent.
Body parts include the genitals, buttocks, and breasts.
The touching must be done to sexually gratify or arouse the defendant or to humiliate the victim.
The touching may be direct or through clothing.
Penalties: Up to four years in prison.
- Rape: Unconsented penetration involving either:
Force or threats to coerce the complainant into complying.
Lies to induce the complainant into consenting.
Inability to consent due to intoxication, unconsciousness, age or intellectual or physical disabilities.
Penalties: Up to eight years in prison.
Defending Against Charges Of Child Sexual Abuse
Research has demonstrated how highly suggestible children are when asked leading questions by investigators. Sometimes, children are given a doll and asked if they were touched in certain areas; at other times, they may be asked to draw pictures of what is alleged to have happened. In each case, children may offer contradictory testimony or may embellish a story. Physical examinations may be inconclusive. Mr. Runfola consults with child psychologists and medical experts to expose the untrustworthy nature of these kinds of child interviews and the conclusions prosecutors attempt to draw from them.
Effectively Confronting Charges Of Acquaintance Rape
We understand the unique legal, social, and emotional pressures associated with charges of sexual misconduct. Mr. Runfola is particularly skilled at handling cases of acquaintance (or date) rape.
Psychological problems, medication, or a personal vendetta can lead to charges of date rape or sexual assault when a personal relationship deteriorates. Depending on the facts involved, it may be important to consider your working relationship with your accuser, the personal history between you, and other information. We investigate the personal background of the accuser in order to determine if his or her friends or acquaintances are aware of certain patterns of behavior on the part of the alleged victim. We subpoena all available records and documents to meaningfully investigate areas that will be useful on cross-examination. If you have been charged with acquaintance rape or domestic violence, you need an experienced criminal defense attorney on your side.
When the accusation occurs at a college or university, Title IX regulations require the school to undertake a disciplinary investigation, which can result in dismissal, suspension, loss of academic or extracurricular privileges, or other sanctions. Clients should be aware that there is rarely an acceptable settlement to students accused of sexual harassment/assault in violation of Title IX. University dismissals are permanent records and must be disclosed in applications for admissions, scholarships, jobs, and professional licenses. Mr. Runfola and his legal team will seek dismissal of the charges and aggressively defend your academic reputation, your future, and your freedom.
Comprehensive Defense To Sexual Misconduct Allegations
The The Law Offices of John M. Runfola is well-versed in utilizing physical evidence such as blood, semen, DNA, and hair, as well as proof of consent or fabrication to defend clients against baseless accusations of sexual battery and rape. We will thoroughly investigate the charges and uncover the strongest possible defense while maintaining absolute discretion at all times.