Sexual Abuse

With over 63 thousand cases of child sexual abuse reported in 2010, sexual abuse is a national problem with grave consequences for all involved.  The statistics associated with sexual abuse are staggering.  1 in 3 girls and 1 in 7 boys will be sexually abused at some point in their childhood.  Most perpetrators are known to the victims and as many as 47% are family or extended family members.  1.8 million adolescents in the United States have been victims of sexual assault. It is estimated that only 30% of cases will be reported to the authorities.  Over one third of all sexual assaults occur when the victims are between the ages of 12 and 17, and 82% of all juveniles are female.

Sexual abuse, as defined by the California penal code section 289, is as follows:

1.Any person who commits an act of sexual penetration against the will of the victim, by means of force, violence, duress, menace, or fear of injury.

2.Any person who commits an act of sexual penetration with a child under the age of 14 by means of force, violence, duress, menace, or fear of injury.

3.Any person who commits an act of sexual penetration with a minor over the age of 14 by means of force, violence, duress, menace, or fear of injury.

4.Any person who commits an act of sexual penetration against the will of the victim by threatening retaliation in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will, or is capable of, executing the threat.

5.Any person who commits an act of sexual penetration with a person who is otherwise incapable, due to mental capacity, diminished mental development, or physically disabled.
6.Any person who commits an act of sexual penetration when the victim is at the time unconscious.  Unconscious includes but is not limited to the victim being, asleep, unaware or is not cognizant at the time of victimization, intoxicated or under anesthetic.

7.Any person who commits sexual penetration by inducing belief of marriage, when marriage is or was not legally sanctioned.

8.Any person who commits an act of sexual penetration by threatening to use the authority of a public official.

9.Any person who commits an act of sexual penetration with a persons under the age of 18.

Penetration can be described as causing the penetration, however slight of the genital or anal opening.  Penetration can be perpetrated with a sexual organ or any foreign object, instrument, or device.

The penalty for sexual abuse can vary but in all cases result in severe penalties and will, in all most all cases, be charged as a felony.  Fines are assessed per case, but can reach upwards of twenty thousand dollars, and result in prison sentences ranging from three to eight years for the first offense.  Additional charges may be awarded to recoup any fiscal damages suffered by the defendant.  For repeat offenders these fines and prison sentences will increase greatly.  With these substantial fiscal fines and prison terms it is imperative that a strong legal council be attained.

Marya Garcia operates MLG Defense based out of San Diego. After working for two major law firms she offers various services tailored specifically toward client needs.Having argued before the Court of Appeals several times she has a wealth of experience to back the trials she is involved in. Feel free to browse on site and fill out the contact form if interested.

Mayra L. Garcia – Your San Diego Lawyer

The San Diego Law office of Mayra L. Garcia is conveniently located Downtown San Diego at 185 West F Street, between Front Street & First Avenue.