Few accusations carry the immediate weight of a sex crime allegation. Before any charge is filed, the accusation itself can jeopardize your employment, your standing in the community, your family relationships and your freedom. California prosecutes these offenses aggressively, and a conviction can carry consequences that follow you for decades, including mandatory sex offender registration.

If you have been accused, contacted by a detective, or learned that you are under investigation anywhere in San Diego County, the decisions you make in the first hours and days matter enormously. Statements made before you have counsel — to police, to the accuser, to friends, even in text messages — routinely become the centerpiece of the prosecution's case.

At Law Office of Marc S. Kohnen, we defend clients against the full range of sex offense allegations in San Diego's courts. Every case begins with a confidential, one-on-one consultation with Marc, where you can discuss the allegation candidly and learn your realistic options.

The Range of Sex Crime Charges in California

California law defines a broad spectrum of sex offenses, from misdemeanors to serious felonies carrying lengthy prison terms. Among the charges we commonly defend are:

Sexual battery (Penal Code 243.4) — unwanted touching of an intimate part of another person for sexual purposes, chargeable as a misdemeanor or a felony depending on the circumstances.
Rape (Penal Code 261) — sexual intercourse accomplished without consent, including allegations involving force, threats, or an accuser said to be incapable of consenting.
Unlawful intercourse with a minor (Penal Code 261.5) — often called statutory rape, where questions of age, the age difference between the parties, and a reasonable, good-faith belief about age require careful legal analysis.
Lewd acts with a minor (Penal Code 288) — one of the most seriously punished offenses in the code, covering alleged sexual contact with a child under 14 and, in some circumstances, ages 14 or 15.
Annoying or molesting a minor (Penal Code 647.6) — conduct alleged to be motivated by sexual interest in a child, chargeable even where no touching is alleged.
Solicitation and prostitution-related offenses (Penal Code 647(b)) — including undercover operations targeting alleged customers.
Internet-based offenses — including arranging to meet a minor for unlawful purposes (Penal Code 288.4) and related charges such as contributing to the delinquency of a minor (Penal Code 272), which frequently arise from online sting operations.

Several categories of sex offenses are significant enough that we discuss them on their own pages: child molestation, child pornography, and indecent exposure each involve distinct statutes, investigative methods and defense considerations. The principles on this page — early counsel, careful handling of investigators, and a defense built on evidence rather than assumption — apply across all of them.

Why Sex Crime Cases Are Unlike Other Criminal Cases

Most criminal prosecutions rest on physical evidence. Many sex crime prosecutions do not: it is common for these cases to be filed based primarily on the account of a single accuser, sometimes describing events alleged to have happened months or years earlier. Delayed reporting is a recognized dynamic in these cases, and courts allow such prosecutions — which means the defense must be prepared to test memory, motive and consistency with unusual care.

The investigation itself also works differently. San Diego law enforcement agencies commonly use what is known as a pretext call: the accuser, working with detectives and being recorded, telephones the person under suspicion and tries to draw out an apology or an admission. The call sounds personal and emotional; it is an investigative tool. If anyone contacts you by phone, text or social media to talk about an allegation, assume the conversation may be recorded and decline to discuss it. Even an apology offered just to calm the situation can be presented later as a confession.

In cases involving children, investigators typically arrange a recorded forensic interview conducted by specially trained interviewers under structured protocols. How these interviews were conducted often becomes central evidence, and the defense must scrutinize whether the questioning followed accepted protocols or whether suggestive techniques may have shaped the child's statements.

Finally, these cases carry a stigma few other charges do, and jurors, employers and even friends may quietly assume guilt from the accusation alone. The presumption of innocence is your legal right, but preserving it in practice requires a defense that starts early and treats every piece of the state's evidence as something to be tested rather than accepted.

Do Not Talk to Detectives Before You Have Counsel

When a detective calls to "hear your side of the story," it is natural — especially for someone who is innocent — to want to cooperate and clear things up. Understand what that conversation actually is: by the time an investigator reaches out, they have usually already interviewed the accuser, gathered records and formed a working theory. The interview is an opportunity to lock you into statements that can be compared against evidence you have not seen.

You have a constitutional right to remain silent and a right to counsel, and exercising those rights cannot be used against you at trial. The correct response to any interview request is polite and simple: you will cooperate through your attorney. Then call a lawyer before saying anything else — not after the first interview, and not after an arrest.

The same caution applies outside the interview room. Do not discuss the allegation with the accuser or mutual acquaintances, do not post about it, and do not send messages trying to explain yourself. Conversations with friends and family can be subpoenaed; conversations with your attorney are confidential.

Sex Offender Registration: California's Three-Tier System

For decades, nearly every California sex offense conviction meant lifetime registration under Penal Code 290. That changed when Senate Bill 384 took effect in 2021, replacing the old system with a three-tier structure. Registration remains one of the most serious consequences of any sex crime conviction, but for many offenses it is no longer automatically permanent.

In general terms, Tier 1 applies to the lowest-level registrable offenses and requires registration for a minimum of 10 years. Tier 2 covers mid-level offenses and requires a minimum of 20 years. Tier 3 — which includes the most serious offenses, such as rape and many crimes against children — still requires lifetime registration. Which tier applies to a particular conviction depends on the specific statute and the facts found, so tier placement should be confirmed with counsel rather than assumed.

A registrant who has completed the minimum period for Tier 1 or Tier 2 may petition the superior court for removal from the registry. Removal is not automatic: the district attorney can oppose the petition, and a judge decides whether continued registration is necessary. Even so, the petition process gives many people a realistic path off the registry that did not exist before 2021 — and it makes the tier level of any charge a critical consideration in how a case is defended and negotiated from the beginning.

Registration itself carries real burdens: periodic in-person reporting to law enforcement, updates when you move, and inclusion of certain registrants' information on the public Megan's Law website. Avoiding registration entirely — through dismissal, acquittal, or resolution to a non-registrable offense — is often the central objective in a sex crime case.

Collateral Consequences Beyond the Sentence

The formal penalties are only part of what is at stake. A sex offense conviction can reshape nearly every area of life long after any sentence is served:

Registration and residency: registrants face ongoing reporting duties and, depending on the offense and terms of supervision, restrictions on where they can live or be present.
Employment: a registrable conviction can effectively close off careers in education, healthcare, childcare, coaching and other fields that require background checks.
Professional licenses: doctors, nurses, teachers, lawyers, real estate agents and other licensed professionals face discipline proceedings that can result in suspension or revocation, sometimes triggered by the filing of charges alone.
Immigration: for non-citizens, many sex offenses carry consequences that can include deportation and permanent inadmissibility. Immigration exposure must be evaluated before any plea is considered.
Family law: an accusation alone can affect custody and visitation proceedings, and a conviction can have lasting effects on parental rights.

Because these consequences flow from the specific statute of conviction, two resolutions that look similar in jail time can differ enormously in long-term effect. A defense strategy in these cases is not just about the verdict — it is about which charge, if any, ends up on the record.

How We Defend Sex Crime Allegations

There is no single template for defending these cases; the right approach depends entirely on the facts. What every effective defense shares is a refusal to accept the prosecution's narrative at face value. Depending on the case, the defense may involve:

Consent. Where the alleged conduct involved adults, the central question in many cases is whether the encounter was consensual. That question is resolved through evidence — messages before and after the encounter, witness accounts, the circumstances of the report — not through assumptions in either direction.

The context of the accusation. False and mistaken allegations do occur, and they tend to arise in identifiable contexts: contested divorces and custody disputes, volatile breakups, family conflicts, or situations where a child was questioned repeatedly by anxious adults before any professional interview. Examining the timeline and circumstances of a report is not an attack on accusers generally — it is the constitutionally required work of testing the evidence in an individual case.

Forensic and digital evidence. These cases often turn on DNA analysis, medical examinations, phone extractions and internet records, each of which is subject to error in collection, handling and interpretation. We examine whether searches were conducted with valid warrants and whether the forensic conclusions actually support what the prosecution claims.

Expert witnesses. Where appropriate, we work with qualified experts — in areas such as forensic interviewing, memory and suggestibility, digital forensics, and medical evidence — to give the jury a scientifically grounded framework for evaluating the state's proof.

In some cases the strongest path is a dismissal or acquittal; in others, a negotiated resolution to a reduced, non-registrable charge that protects your future. The right objective can only be identified through a careful, honest evaluation of the evidence — which is where every case at our office begins.

The Legal Process in a San Diego Sex Crime Case

Most sex crime cases begin with an investigation rather than an arrest. Detectives may interview the accuser and witnesses, arrange a pretext call, and seek search warrants for your home, vehicle, phone and online accounts. This pre-filing stage is often the most valuable window for the defense: an attorney can communicate with investigators on your behalf, prevent damaging statements, and in some cases present information that persuades the district attorney not to file charges at all.

If charges are filed, the case proceeds through arraignment, where the charges are formally presented and bail is addressed. Felony cases then move to a preliminary hearing — an early opportunity to test the prosecution's evidence before a judge decides whether the case may proceed. From there, the case may resolve through motions, negotiation or trial.

Throughout that process, Marc Kohnen evaluates whether searches, arrests and interrogations complied with your constitutional rights, including the Fourth Amendment's protection against unlawful searches and seizures. Evidence obtained illegally can be suppressed, and the loss of key evidence can change the entire posture of a case. Whatever path your case takes, you will understand each decision point before it arrives, and the choice of how to proceed always remains yours.

Frequently Asked Questions

Should I talk to the police if I'm innocent?

No — not without your attorney present. Innocent people often believe a candid interview will end the investigation. In practice, the interview exists to gather statements that can be used against you, and innocent explanations can be taken out of context or contradicted by details you got wrong under stress. Politely decline, say your attorney will be in contact, and say nothing more.

The accuser wants to talk to me. Should I take the call?

No. A call, text or social media message from the accuser may be a pretext contact arranged and recorded by police. Even a sympathetic statement like "I'm sorry you feel that way" can be replayed to a jury as an admission. Do not discuss the allegation with anyone except your lawyer.

Will I have to register as a sex offender?

It depends on the charge and how the case resolves. Many — but not all — California sex offenses require registration under Penal Code 290. Since 2021, registration follows a three-tier system with 10-year and 20-year minimum terms and lifetime registration for the most serious offenses, and Tier 1 and Tier 2 registrants may eventually petition for removal. One of the first things we analyze in any case is the registration exposure of each potential outcome.

No charges have been filed yet. Is it too early to hire a lawyer?

It is the most valuable time to hire one. Before charges are filed, an attorney can shield you from interviews and pretext contacts, preserve favorable evidence, and communicate with the detective and the district attorney's office. Some cases are declined for filing precisely because the defense engaged early. Once charges are filed, those opportunities narrow.

Book a Confidential Consultation with Marc Kohnen

If you are facing a sex crime allegation or investigation in San Diego County, do not wait to see what happens. The prosecution's case is being built now, and every day without counsel carries avoidable risk.

You have the right to remain silent and the right to an attorney — use both. Do not confide in friends or family about the details of the allegation; those conversations are not protected and can be used as evidence. Conversations with your lawyer are privileged and confidential.

When you contact Law Office of Marc S. Kohnen, you will meet one-on-one with Marc to discuss your case in complete privacy and receive an honest assessment of the allegation, the evidence, and the realistic paths forward. Call for a free, confidential evaluation of your case.

Sex Crime Defense Lawyer in San Diego