On July 27, 2010, the Utah Supreme Court overturned the rape convictions of Warren Jeffs. The Supreme Court held that the lower court failed to give proper jury instructions and ordered a new trial.
Jeffs is the leader of the Fundamentalist Church of Latter-Day Saints, a polygamous sect of the Church of Latter-Day Saints. Jeffs presided over the marriage of a 14-year-old girl to her first cousin, who later raped her. Jeffs was convicted as an accomplice to the rape and sentenced to two consecutive 5 year to life sentences.
The Utah Supreme Court held that the trial court erred in failing to instruct the jury that Jeffs could not be convicted unless he had the specific intent that the victim’s husband rape the victim.
Jeffs was not released from custody after the court decision because of outstanding bigamy and sexual assault charges in Texas. Texas officials are seeking to have him extradited if the Utah Attorney General declines to prosecute him again.
In California, rape is sex with a person against the person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury. (California Penal Code section 261(a)(2).) Under California Penal Code section 264(a), rape is punishable by three, six, or eight years in state prison. A person who is convicted of rape must register as a sex offender. (California Penal Code section 290(c).)
Under the relevant California case law, an accomplice, also known as an aider and abettor, is someone who knows of the perpetrator’s criminal purpose, specifically intends to aid the perpetrator, and does in fact aid the perpetrator in the commission of a crime. (People v. Beeman (1984) 35 Cal.3d 547.) If convicted of being an accomplice to a crime, the accomplice is criminally liable as if he was the actual perpetrator of the crime. (California Penal Code section 31.)
If you or someone you know is accused of a sex crime, you will need an experienced Southern California defense attorney who will aggressively represent you, especially considering the legal and social consequences of a conviction. For over 30 years, Wallin & Klarich has helped people accused of crimes, including rape and other sex offenses. Feel free to contact us at (888) 280-6839 begin_of_the_skype_highlighting (888) 280-6839 end_of_the_skype_highlighting or visit us at our website at www.wklaw.com. We will be there when you call.
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