Lafayette Sex Crimes Attorney

Aggressive Defense Against Sex Crimes in Louisiana

Sex crimes carry harsh penalties that could wipe away the rest of your future. As a result, it is imperative that you enlist the help of an experienced sex crimes attorney to defend you in court and combat the harsh charges against you. Precht Law Firm has years of experience defending clients in Lafayette and will put up a bold and aggressive fight for you in court, whether you face charges for sexual battery, rape, or prostitution.

Generally, registered offenders must provide personal information including their name, home and work addresses, fingerprints, DNA sample, and photograph to local police and must send notification of their status to all residences and businesses within a certain distance from their home.

Sexual Battery Laws in Louisiana

In Louisiana, there are Tier One, Tier Two, and Tier Three sex offenses and those dealing with the registration period that one must register as a sex offender. According to Louisiana law, a person can be charged with sexual battery if they touch another person sexually or make the other person touch the defendant sexually:

• without the other person’s consent; or
• with the other person’s consent, but they are under the age of 15, are 3 years younger than the defendant, and are not married to the defendant.

A person over the age of 17 can also be charged with sexual battery if they touch another person without their consent, where the other person:

• is prevented from resisting because they are paraplegic, quadriplegic, or otherwise incapable of resisting;
• is mentally incapacitated and the defendant knows or should know of the alleged victim’s incapacity; or
• is age 65 or older.

The penalties for sexual battery vary depending on the circumstances of the offense, but even the least serious offenses are punishable by up to 10 years in prison, with or without hard labor. The most serious sexual batteries are punishable by up to 99 years’ imprisonment at hard labor and lifetime electronic monitoring.

Don’t let an unfair accusation impact your future. Contact Precht Law Firm online or by phone at (337) 201-9119

Types of Rape Charges in Louisiana

Like sexual battery, an offense of rape involves non-consensual sexual activity. Under Louisiana law, a person commits aggravated rape if they engage in oral, anal, or vaginal sex with another without that person’s consent when:

• the defendant uses force to overcome the other person’s resistance;
• the alleged victim is prevented from resisting by threats of great bodily harm;
• the alleged victim is prevented from resisting because the defendant is armed with a dangerous weapon;
• the other person is under the age of 13;
• the other person is age 65 or older;
• the alleged victim is quadriplegic, paraplegic, or mentally retarded; or
• two or more defendants participate in the crime.

Note that a defendant who uses force or threatens injury while committing a sex crime could also be charged with assault or battery.

Aggravated rape is punishable by life without parole at hard labor, and Louisiana, as opposed to the U.S. Supreme Court, still authorizes the death penalty for individuals convicted of rape of a child under the age of 13.

An individual could be accused of forcible rape if they engage in oral, anal, or vaginal sex when the alleged victim is:

• prevented from resisting by force or threats of physical violence; or
• prevented from resisting or understanding the nature of the act due to a narcotic or other controlled substance administered by the defendant without their knowledge (“date rape” drug).

A crime of forcible rape is punishable by 5-40 years’ imprisonment at hard labor.

Lastly, a person commits the crime of simple rape by engaging in oral, anal, or vaginal sex with another when:

• the alleged victim is unable to resist or understand the nature of the act due to intoxication or some other reason, and the defendant knew or should have known they were incapacitated;
• the alleged victim is temporarily or permanently incapable of understanding the nature of the act, and the defendant knew or should have known that they were incapacitated; or
• the defendant intentionally misleads the alleged victim into believing that they are their spouse.

A crime of simple rape is punishable by up to 25 years in prison, with or without hard labor.

Note that individuals convicted of aggravated rape or forcible rape are required to register as sex offenders in Louisiana. Depending on the circumstances, some individuals who are convicted of simple rape and sexual battery may also be required to register.

Prostitution Offenses in Louisiana

Prostitution is another category of sex crime that is significantly punishable in Louisiana. Prostitution refers to the practice of any kind of sexual intercourse for compensation, or the solicitation by one person of another for that purpose. The penalties range depending on the number of convictions within a 5-year period:

• First Offense – jail for up to 6 months and/or a fine of up to $500
• Second Offense – prison for up to 2 years and/or a fine of $250-$2,000
• Third Offense – prison for up to 4 years and/or a fine between $500-$4,000

Contact Our Sex Crimes Lawyer in Lafayette Today

If you are facing sex crime charges, whether for sexual battery, rape, or prostitution, it is critical that you seek an experienced sex crimes lawyer immediately. Depending on the severity of your case, you could a significantly harsh sentence that will impact the rest of your potential for a future.

Precht Law Firm has years of professional experience handling sex-related offenses, and we can help you better navigate the legal process unfolding before you.

Don’t let an unfair accusation impact your future. Contact Precht Law Firm online or by phone at (337) 201-9119 for a free consultation to discuss your potential defenses against a sex-related charge.