Even in the Most Serious Sex Crime Cases, the Law Still Controls
When someone is convicted of a serious sex crime — especially one involving a child — it’s natural to assume the courts will impose the harshest penalties available. But even in these emotionally charged cases, California law sets clear limits, and courts must follow those limits.
This principle was put to the test in the case of Mark Richard Walts, who was convicted of continuous sexual abuse of his daughter, T.W. He was sentenced to 12 years in prison, ordered to undergo HIV testing, and was issued a no-contact protective order that prohibited him from communicating with T.W., his ex-wife Tina, and his other two children, M.W. and W.W.
At first glance, that may sound reasonable — especially given the severity of the crime. But on appeal, the court made it clear: even in the most serious cases, the law still controls.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our sex crimes attorneys near you.
What the Court Got Wrong
Walts appealed, arguing that the court exceeded its legal authority when it included his ex-wife and other children in the protective order, even though they weren’t victims of the crime. He also challenged the HIV testing order.
The appellate court agreed on both points and reversed those parts of the trial court’s ruling.
Protective Order Limited by Law
Under Penal Code section 136.2(i)(1), when a defendant is convicted of certain sex offenses that require registration, the court must consider issuing a protective order. However, the law is very specific: the order can only prohibit contact with the “victim of the crime.”
In this case, Walts was convicted of abusing only T.W. There were no allegations of abuse involving his ex-wife Tina or his other children. That means they were not considered victims under the law, and the trial court did not have legal authority to include them in the protective order.
As a result, the appellate court struck down that portion of the order, allowing Walts to legally remain in contact with Tina, M.W., and W.W.
HIV Test Order Reversed
The trial court also ordered Walts to undergo HIV testing. But this, too, was beyond the scope of the law. California only permits mandatory HIV testing in specific types of cases, such as those involving actual or suspected transfer of bodily fluids during the offense.
Because there was no legal justification for the HIV test order in this case, that condition was also reversed.
Why This Case Matters: The Rule of Law Comes First
This case is a powerful reminder that courts cannot act on instinct, emotion, or assumption — they must follow the law. Even when the offense is as serious and disturbing as sexual abuse of a child, the legal protections guaranteed to every defendant remain in place.
The law doesn’t allow judges to issue broad no-contact orders or impose testing requirements simply because they feel it’s appropriate. Every decision must be supported by the charges, the facts, and the statutes that apply.
The Bottom Line: You Need a Knowledgeable Legal Team That Knows How to Protect You
This case is a clear example of why the law — not emotion — governs every part of the criminal justice process, even in the most serious sex crime cases. The courts must stay within the boundaries of what the law permits, and when they don’t, those decisions can be challenged and reversed.
But to do that effectively, you need a legal team that understands the law inside and out.
Contact Wallin & Klarich Today
If you have been accused of a sex crime, you need to contact an experienced attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
