A 45-year-old mother was sentenced to 16 months in a California state prison on July 30, 2013 for sexually assaulting her son’s teenage friends. The mom, Kathia Davis, pleaded guilty last month, her second sexual assault conviction in the last three years. Prosecutors allege that she supplied her 16-year-old son’s friends with alcohol and then committed the assault on a 13-year-old boy.
Davis was convicted in 2012 for sexually assaulting another one of her son’s friends in her Laguna Niguel home. Since Davis had already served 474 days in custody since her arrest, her sentence was completed through “time served” and her release from Orange County jail should be sometime next week.
Penalties for Sexual Assault
Although Kathia Davis received 16 months for her offense, there are several possible sentencing outcomes for those convicted of sexual assault. In California, sexual assault could be charged as a felony or a misdemeanor offense. If convicted of felony sexual battery (also known as felony sexual assault), the defendant can face up to four years in prison and a $10,000 fine. If convicted of misdemeanor sexual battery, a defendant can face up to one year and a $3,000 fine. Whether or not a sexual assault is determined to be a misdemeanor or a felony depends upon several different factors including whether or not the victim was restrained or was forced to commit acts against their will.
Sexual Battery Legal Defenses
Those facing charges for sexual battery will have different defense strategies depending upon the specific circumstances of their case. A skilled sex crime attorney will investigate every option available to determine how and why their client is not guilty of the charges brought against them. If an attorney is able to establish that the victim had given their consent at the time of the alleged sexual assault, the defendant may be able to receive a not-guilty verdict, but in Davis’ case, the defendant was underage. If there is insufficient evidence or false allegations, these can also be exposed to use in a person’s defense.
If you are in need of assistance for sex crimes in Orange County, California, call 949-250-6097 to speak with one of our skilled MacGregor & Collins, LLP sexual assault attorneys about your case. There is no obligation to retain our services and your consultation is free.
Source: http://www.sfgate.com/news/crime/article/OC-hockey-mom-gets-16-months-for-molesting-boys-4697530.php