Sex-related crimes of any sort are difficult to have to stand against. When the crime is one that involves a child, it can be especially difficult for defendants to fight back against the claims of the prosecution. Understanding some of the basic points about criminal sexual acts against children might help defendants to determine what course of action they need to follow with their case in the criminal justice system.
One important thing to note is that many sex-related crimes against children are subject to mandatory minimum prison sentences upon conviction. Being convicted of a class 2 felony that involved a child would mean a mandatory minimum prison sentence of eight to 24 years.
The mandatory minimum isn’t the only difference when a child is involved in a sex-related crime. In these crimes, the upper amount of time that a person will spend in prison is life. This is because of the undetermined top end noted on the prison sentence.
Yet another difference is how parole is handled in these cases. For most criminal cases, the parole period is the amount of time between the release of the prisoner from custody and the end of the actual sentence. That means that a person with a 10-year sentence who is released after eight years would spend two years on parole. In sex-related cases involving children, there are minimum parole terms that go into effect. A class 3 felony has a 20-year to life parole term that must be completed if the person gets out of prison.
Being convicted of a sex-related crime against a minor can lead to a lot of life alterations. Electronic monitoring after being released from prison is possible. Social stigma is likely. All of these are perfect reasons to get to work on a defense strategy that shows your side of the case.
Source: Commission on Criminal and Juvenile Justice, “Review of Jessica’s Law and Colorado’s Sex Offender Laws,” accessed Sep. 19, 2016