Because of their devastating impact on the lives of victims, sexually based crimes are among the most serious crimes to be charged with. If you have become entangled in such a legal predicament you will not only be facing severe penalties, but also serious social stigma and other long-lasting repercussions in the future. As a result, it is essential that you retain the experienced and aggressive legal guidance of Hooper Law Offices to prepare your defense. We represent clients facing various sex crime charges, including:
- lewd & lascivious conduct with a minor;
- molestation and child pornography;
- sexual battery of a minor;
- statutory rape;
- enticing a minor child over the Internet.
Whether you have been charged with rape, child abuse or molestation, sexual battery, indecent exposure, or any other form of a similar nature, you must be confident that your legal representation has the grit and determination to present your case. After all, you will be facing a considerable uphill battle as local law enforcement and the legal system will assume you are guilty. Attorney Aaron Hooper is a former prosecutor and tenacious trial attorney who will defend you vigorously in court. He can strategize around the prosecution’s likely arguments and fight for mitigated or even dismissed charges.
Best Criminal Defense EVER! Knowledgeable, Dependable, Professional, and Caring. Aaron exceeded all of my expectations and was a true blessing.Former Client
Many law firms shy away from representing crimes of a sexual nature because of their complexity and high stakes, but our firm will fight aggressively for your rights in cases often involving false accusations. We are dedicated to giving our clients the best shot in court, and we have the dedication and experience in sex crime law to do just that.
In Idaho, rape is defined as nonconsensual oral, anal, or vaginal penetration, however, slight, with a penis. Statutory rape is defined as sexual intercourse – nonconsensual or consensual – between an adult and a minor. Note that statutory rape is addressed by 2 specific statutes:
- Idaho Code § 18-1601(1) – unlawful sexual intercourse with anyone under the age of 16 if the perpetrator is 18 or older
- Idaho Code § 18-1601(2) – unlawful intercourse with a 16- or 17-year-old if the partner is 3 years older in age
Rape is punishable by 1 year to life in prison, as well as temporary or lifetime sex offender registration.
Other Sexual Acts Involving Minors
Several other sexual acts involving minors are also severely punished by Idaho law. For one, prohibited lewd and lascivious behavior encompasses most sexually inappropriate actions that involve children under the age of 16. Molestation includes charges like:
- lewd conduct with a minor;
- sexual abuse of a child;
- sexual battery of a minor child;
- enticing of children.
Note that consent is not a factor in cases involving minors; they are similar to “strict liability” offenses that deem consent irrelevant because a minor is incapable of giving consent for a sexual act.
The penalties for such charges can result in significant jail time, among other fines. For instance, in the case of Sexual Battery of a Minor Child 16 or 17 Years of age, if there is a 5-year difference between the offender and alleged victim who is 16 or 17 years old, the offense may be punishable by up to 25 years. Similarly, under Idaho Code § 18-1508, if a 23-year-old participates in sexual conduct with a 17-year-old, the 23-year-old could be charged with a felony warranting 25 years in prison. The 23-year-old would also be subject to sex offender registration, as is anyone charged with a sex crime.
Be aware that there are specific punishments for those that entice a child into sexual communication over the Internet or other communication medium. This crime involves an adult over the age of 18 communicating with someone who is or who they believe is under 15 years old into committing sexual activity. Note that solicitation of the conduct is enough to warrant a charge, whether or not the alleged victim actually takes part in the conduct. This crime carries a maximum sentence of 15 years in prison and sex offender registration.
A conviction for any sexual act involving a minor can leave your professional, social, and public name in ruins and greatly harm those you love and care about. If you have been unjustly accused of this crime, call our team at Hooper Law Offices to get started on your defense immediately.
Defenses Against Sex Charges
Our team at Hooper Law Offices will investigate the case against you thoroughly and find every way possible to challenge your charges. This could be by examining statements of the alleged victim and/or the statements of other witnesses.
A defense argument against sex-related accusations may be based on:
- inappropriately misleading witness interviews by law enforcement or other accusers;
- mistaken identity or a faulty suspect lineup;
- false accusations;
- witness, police, or prosecution bias;
- faulty forensic testing methods and conclusions;
- false witness testimony.
The question of consent also plays a pivotal role in sex crime cases not involving minors. For instance, proving consent can help combat a rape charge, as rape relies on the element of nonconsensual intercourse.
In some cases, you may be advised to accept a plea that can serve your best interests. In such a case we will take the time to help you understand the full measure of consequences for the legal choices you will have to make.
However, it is possible to convince the justice system that the charges can be lowered to a lesser offense and the sentence commensurately lightened as well. Even further, if the state’s case does not hold up, the case against you can be completely dropped altogether.
Why Consult a Sex Crimes Defense Lawyer?
At Hooper Law Offices, we are well connected with all categories of the criminal justice system and can use our connections to get ahead of your legal problem. We can request that the prosecutor allow us to explain the case before the arrest is made. There may be a chance that the case can be dismissed from the start or a reduction of charges worked out after we present your side of certain facts that were missing. We can also keep the publicity of your case as quiet as possible to avoid damaging your reputation.
Our firm is well-equipped to negotiate your case. In fact, one of the important components of our defense practices is working closely with forensic experts and investigators to bolster the strength of your case. For example, if the findings of our forensic experts indicate that you are not the type of individual who is a threat to society and cannot be expected to continue committing these crimes, this can go a long way in helping your case. A forensic psychologist will prepare a report of their findings and submit it to our legal team who will decide whether to submit it to the court as evidence. If needed, the psychologist will be called to testify and explain their findings to the court.
Attorney Aaron Hooper has years of experience successfully bringing sex crime cases to a satisfactory resolution, especially as he employs his former prosecution experience. We will do all we can to challenge the search warrants, scrutinize the testimonies of witnesses, and examine all other aspects of the case to avoid or reduce your punishments. We can work to convince the jury that the alleged victim’s allegations are inaccurate or even completely false. Our firm has exclusive sex crimes experience and resources which will prove essential when the stakes are so high.
Schedule a free initial consultation online or at (208) 271-9551 to get started with Hooper Law Offices.