A Sheriff’s detective with the Las Angeles Special Victims Bureau was recently arrested on suspicion of rape. According to reports, the detective was assigned to investigate a 2014 sexual assault involving a 14-year-old girl in Ventura County. However, rather than investigating the case, the detective allegedly forced the young girl to have sex with him. After the sexual assault, he reportedly took steps to suppress testimony that may have been offered by the victim or witnesses. The detective has been suspended from his job with pay and is currently being held in a Los Angeles County jail on bail of $2 million.
What are the Penalties For Forcible Rape of a Minor?
The Los Angeles Sheriff’s detective has been arrested for the forcible rape of a 14-year-old girl. Rape, as defined in Penal Code 261 PC, is the crime of forcing another person to have sex without his or her consent or knowledge. The crime of rape is always a felony offense in California. Minimum penalties, for crimes without aggravating factors, can include three, six, or eight years in a California state prison. There are very limited situations in which the penalty for rape can be reduced to one year of felony probation. However, these situations do not involve young victims who cannot consent to the act.
The penalties for the crime of rape are enhanced when the victim is a minor.
Under the Age of 18: Penalties enhanced to seven, nine, or eleven years in a Calfornia state prison.
Under the Age of 14: Penalties enhanced to nine, eleven, or thirteen years in prison.
Anyone convicted of the crime of rape will also be required to register with the state as a tier-three sex offender. Tier-three offenders must maintain their status on the sex offender registry for life.
Could the Detective Face Other Criminal Charges?
Yes. In addition to those for rape, the detective could also face charges for lewd or lascivious acts with a child. He’s more likely to face these additional charges because his alleged victim was only 14 at the time of the sexual assault.
Lewd acts with a minor child, as defined in Penal Code 288 PC, is the crime of touching the body of a child for sexual gratification. The penalties for this crime depend on the age of the child and/or the age difference between the child and the perpetrator. This would be a lesser-included offense of the felony rape charge. If the crime involved a 14-year-old victim, the penalty could include either (a) one, two, or three years in a California state prison or (b) up to one year in county jail. Lewd acts that inflict bodily harm are punishable by life in prison.
What is Witness Tampering?
In addition to rape, the detective is accused of witness tampering. Witness tampering, as defined in Penal Code 136.1 PC, is the crime of knowingly and maliciously attempting to dissuade a victim or witness from either:
- Reporting a crime
- Aiding an arrest
- Aiding in the prosecution of a crime, or
- Testifying in a criminal proceeding.
Simply put, witness tampering involves any behavior that’s intended to dissuade or prevent someone from aiding in a criminal case.
Witness tampering can be a misdemeanor or a felony. The detective likely used his status as a peace officer to intimidate his victim or a witness. This could be considered the use of force or fear. When the crime is committed using force or fear, it will be charged as a felony. Penalties for felony witness tampering can include up to four years in a California state prison and $25,000 in fines.
The detective is convicted for both rape and witness tampering, the penalties for the crimes could be imposed concurrently (at the same time) or consecutively (one after another).
Have you been arrested in Los Angeles? You have the right to defend yourself. Hiring an attorney will help to ensure that your rights are protected. Contact the experienced criminal defense team at the Los Angeles Criminal Law Center. We’ll review your case and help you fight to protect your future.