Arrested or Charged with Child Sexual Abuse (Penal Code § 11165.1) in California?

You Only Get One Shot at a Strong Defense—Make It Count

If you’re facing allegations related to child sexual abuse under California Penal Code § 11165.1, you’re confronting some of the most serious charges in the criminal justice system. These allegations can devastate your reputation, career, and personal relationships—even before any conviction.

The legal and social consequences are severe, with potential prison sentences measured in decades and lifelong sex offender registration requirements. Understanding the specific nature of these charges, how they’re investigated, and what defenses may be available is crucial before making any statements to law enforcement or decisions about your case.

How California Law Defines Child Sexual Abuse

California Penal Code § 11165.1 defines child sexual abuse comprehensively, covering both sexual assault and sexual exploitation of minors. This section is part of the Child Abuse and Neglect Reporting Act (CANRA), which establishes mandatory reporting requirements for suspected child abuse.

Sexual Assault of a Child

Under PC § 11165.1(a), sexual assault of a child includes violations of:

• Rape (PC § 261)
• Statutory rape of a minor under 16 by someone 21 or older (PC § 261.5(d))
• Rape in concert (PC § 264.1)
• Incest (PC § 285)
• Sodomy (PC § 286)
• Oral copulation (PC § 287)
• Lewd or lascivious acts on a child (PC § 288)
• Sexual penetration (PC § 289)
• Child molestation (PC § 647.6)

The law explicitly states that sexual assault includes, but is not limited to:

• Any penetration of the vagina or anus by a penis
• Sexual contact between the genitals/anus of one person and the mouth of another
• Intrusion into the genitals or anus with any object (except for valid medical purposes)
• Intentional touching of a child’s intimate parts for sexual arousal
• Masturbation in a child’s presence

Important to note is that consensual sexual conduct is not considered abuse unless it involves someone 21 or older and a minor under 16 years of age.

Sexual Exploitation of a Child

Under PC § 11165.1(c), sexual exploitation refers to:

• Production, distribution, or possession of child pornography (PC § 311.2, PC § 311.4)
• Using, persuading, or coercing a child to engage in prostitution or obscene performances
• Depicting a child in obscene sexual conduct through photographs, videos, or digital media

Commercial Sexual Exploitation

PC § 11165.1(d) specifically addresses commercial sexual exploitation, which includes:

• Sex trafficking of a child (PC § 236.1(c))
• Providing food, shelter, or payment to a child in exchange for sexual acts

Penalties for Child Sexual Abuse Convictions

The penalties for child sexual abuse vary based on the specific offense but are universally severe. Here’s what you might face:

Prison Sentences

• Lewd acts with a minor under 14: 3, 6, or 8 years in state prison
• Lewd acts with force or violence: 5, 8, or 10 years
• Continuous sexual abuse of a child: 6, 12, or 16 years
• Sexual penetration of a child under 14: 8, 10, or 12 years
• Aggravated sexual assault of a child: 15 years to life

Additional Consequences

• Sex offender registration: Lifetime registration under PC § 290
• Fines: Up to $10,000 for most offenses
• Strike: Most child sexual abuse convictions count as strikes under California’s Three Strikes Law
• Civil commitment: Possible designation as a Sexually Violent Predator after serving prison time
• Restitution: Payment to victims for counseling and related expenses
• Protective orders: Preventing contact with the victim

The Investigation Process for Child Sexual Abuse Allegations

Child sexual abuse allegations trigger a multi-agency response involving:

Initial Report and Screening

• Reports typically come from mandatory reporters (teachers, doctors, therapists)
• Child protective services screens reports for credibility
• Cases deemed credible are referred to law enforcement

Law Enforcement Investigation

• Specialized detectives interview the child, often at a child advocacy center
• Physical evidence may be gathered, including medical examinations
• Digital evidence (phones, computers) may be seized and searched
• Witnesses are interviewed, including family members and potential witnesses

Prosecution Decision

• District Attorney’s office reviews evidence to determine charges
• Grand jury may be convened in complex cases
• Decision to file felony charges based on evidence strength

Throughout this process, protection of the alleged victim is prioritized, which can sometimes mean limited information is provided to the accused or their attorney until formal charges are filed.

Common Defenses in Child Sexual Abuse Cases

Defending against child sexual abuse allegations requires sensitivity, thoroughness, and legal expertise. Potential defenses include:

False Accusations

Unfortunately, false accusations do occur in child sexual abuse cases. They may stem from:

• Custody disputes between parents
• Coaching by adults with agendas
• Misinterpretation of innocent contact
• Mental health issues of the accuser

Lack of Evidence

The prosecution must prove guilt beyond a reasonable doubt, which requires substantial evidence. Your attorney can challenge whether the evidence meets this high standard by:

• Highlighting inconsistencies in testimony
• Questioning forensic evidence
• Challenging expert opinions
• Presenting alternative explanations for physical findings

Age-Related Defenses

In some cases involving teens, the defendant may have reasonably believed the minor was over 18. While not a complete defense to all charges, it may affect the severity of the offense.

Mistaken Identity

In cases without physical evidence, mistaken identity can be a viable defense, especially when:

• The identification occurred under suggestive circumstances
• There was limited opportunity to observe the perpetrator
• The identification process was flawed

Constitutional Violations

Evidence obtained through violations of your constitutional rights may be excluded, such as:

• Searches without proper warrants
• Coerced confessions
• Violations of Miranda rights
• Improper interview techniques with child witnesses

Critical Steps to Take If Accused

If you’re being investigated for or charged with child sexual abuse:

• Remain silent: Exercise your right to remain silent and don’t answer questions without an attorney present
• Do not contact the alleged victim: Any contact can lead to additional charges
• Preserve evidence: Save text messages, emails, and social media that might support your defense
• Avoid social media: Don’t discuss your case online in any capacity
• Hire an attorney immediately: Before charges are filed, if possible

What Sets Child Sexual Abuse Cases Apart

These cases have unique challenges that make specialized legal representation essential:

Heightened Emotions

The nature of these allegations triggers strong emotional responses from everyone involved—prosecutors, jurors, judges, and the community. This can create presumptions of guilt before evidence is fully examined.

Specialized Interview Techniques

Child interviews require specific protocols that, if not followed, can lead to unreliable testimony. Knowledgeable attorneys understand how to evaluate whether these protocols were properly followed.

Complex Scientific Evidence

Medical evidence in child sexual abuse cases is often misunderstood. Many physical findings originally thought to indicate abuse have been shown by research to occur naturally or have innocent explanations.

Extended Statute of Limitations

California has extended or eliminated the statute of limitations for many child sexual abuse crimes, meaning charges can be brought years or even decades after the alleged incidents.

Why Hiring an Experienced Bay Area Sex Crimes Attorney is Critical

When facing child sexual abuse allegations, the quality of your legal representation can literally determine your future. An experienced attorney will:

• Understand the complex interplay of medical, psychological, and forensic evidence
• Know how to effectively challenge child forensic interviews
• Have relationships with experts who can provide alternative explanations for evidence
• Recognize when false allegations might be occurring and how to demonstrate it
• Navigate the emotionally charged atmosphere these cases create

How The Nieves Law Firm Can Help

At The Nieves Law Firm, we provide strategic, aggressive defense for those facing child sexual abuse allegations. Our approach includes:

• Early intervention, even before charges are filed when possible
• Comprehensive investigation using our in-house private investigator
• Consultation with medical and psychological experts
• Careful analysis of forensic interviews for leading questions or suggestion
• Strategic motion practice to exclude improper evidence
• Thorough preparation for trial when necessary

We understand the devastating impact these allegations have on your life, reputation, and family. Our goal is to protect your rights and future through every phase of the investigation and court process.

If you’re facing allegations related to child sexual abuse, contact The Nieves Law Firm immediately for a confidential consultation. The earlier we can get involved in your case, the more options we may have to protect your rights and freedom.