If someone has accused you of a sex crime in San Francisco or anywhere in San Francisco County, contact our San Francisco sex crime attorneys immediately. As Northern California’s largest exclusively criminal defense firm, Summit Defense has defended hundreds of sex crime cases in the San Francisco Superior Court. Our team includes three former prosecutors who understand exactly how the San Francisco District Attorney’s Office builds and prosecutes sex crime cases. Contact our San Francisco sex crime attorneys at (415) 666-2316 for a free, confidential consultation. Our San Francisco office is conveniently located at 580 California Street, Floor 12, in the Financial District.
Understanding Sex Crime Charges in San Francisco, California
Sex crimes in San Francisco encompass a wide range of offenses involving the use of threats, intimidation, force, or coercion to obtain sexual gratification, as well as any sexual contact involving individuals who are legally incapable of giving consent — including children and incapacitated persons. Under California law, sex crimes such as sexual battery, child molestation, prostitution and solicitation defense in San Francisco, rape, and indecent exposure carry serious criminal penalties.
Sex crime charges in San Francisco are prosecuted by the San Francisco District Attorney’s Office under DA Brooke Jenkins, who previously served in the office’s Sexual Assault Unit before becoming District Attorney. Felony sex crime arraignments, preliminary hearings, and trials take place in the San Francisco Superior Court Criminal Division at the Hall of Justice, 850 Bryant Street, San Francisco, CA 94103. The San Francisco Police Department’s Special Victims Unit (SVU), located on the 5th floor of the Hall of Justice, investigates all reported sexual assault, sexual battery, and incest cases in San Francisco before referring cases to the DA for prosecution.
Understanding the severity of these charges and the local prosecution process is the first step toward building an effective defense. If you are under investigation or have been charged with a sex crime in San Francisco, hiring a San Francisco sex crime defense attorney during the investigation phase — before charges are formally filed — can significantly improve outcomes.
Sex Crime Cases Our San Francisco Defense Attorneys Handle
Being accused of a misdemeanor or felony sex offense in San Francisco can have a devastating impact on every aspect of your life — from your reputation and career to your housing and personal relationships. In San Francisco’s competitive job and housing markets, even an accusation can cause irreparable harm before a case ever reaches trial.
Our San Francisco sex crime lawyers understand the urgency and sensitivity of these cases. We are committed to providing aggressive, strategic defense for every client facing sex crime charges in San Francisco Superior Court.
If you learn that you are under investigation by the SFPD Special Victims Unit or have been charged with a sex crime, do not hesitate to call Summit Defense at (415) 666-2316 for a free, confidential consultation. Here are the common types of sex crime cases our San Francisco defense attorneys handle:
Lewd Conduct
Lewd conduct under Penal Code Section 647(a) involves touching one’s own intimate body parts, another person’s private body parts, or a child’s private body parts in a public place for the purpose of sexual gratification or arousal. In San Francisco, lewd conduct is charged as a misdemeanor punishable by up to 1 year in county jail and a fine of up to $1,000. A conviction may also require Tier 1 sex offender registration (10-year minimum) with the San Francisco Police Department under PC 290. Our San Francisco sex crime defense attorneys can challenge these charges by examining the circumstances of the alleged conduct and whether the location truly qualifies as a “public place” under California law.
Child Molestation
Child molestation is among the most seriously prosecuted sex crimes in San Francisco. Two primary California statutes govern child molestation charges: Penal Code Section 288 (lewd or lascivious acts with a child under 14) and Penal Code Section 288.5 (continuous sexual abuse of a child). A conviction under PC 288 carries 3, 6, or 8 years in state prison and Tier 2 sex offender registration (20-year minimum). Continuous sexual abuse under PC 288.5 carries 6, 12, or 16 years in state prison. The San Francisco District Attorney’s Office prosecutes child molestation cases aggressively, and these cases are handled by specialized prosecutors within the DA’s office. An experienced San Francisco sex crime defense attorney is essential to challenge the evidence and protect your rights.
Child Pornography
Child pornography offenses include the production, distribution, and possession of child pornography under both California state law and federal sex crime charges. Depending on the specific conduct and the facts of your case, you may face felony or misdemeanor charges. Possession of child pornography is a wobbler offense in California, while production and distribution are typically charged as felonies carrying significant state prison time. A conviction may require Tier 1 or Tier 2 sex offender registration depending on the offense. San Francisco child pornography defense cases often involve complex digital forensics evidence that an experienced defense attorney can challenge.
Indecent Exposure
Indecent exposure under Penal Code Section 314 includes willfully exposing one’s intimate body parts in a public place or in any place where other persons are present who may be offended or annoyed. In San Francisco, a first offense of indecent exposure is charged as a misdemeanor punishable by up to 1 year in county jail and a fine of up to $1,000. However, a second or subsequent conviction, or indecent exposure after entering an inhabited dwelling, becomes a felony carrying up to 3 years in state prison. Indecent exposure convictions require Tier 1 sex offender registration (10-year minimum) under PC 290. A San Francisco sex crime defense attorney can examine whether the alleged exposure was truly willful and whether the prosecution can prove the required intent for sexual gratification.
Rape
Under Penal Code Section 261, rape is defined as sexual intercourse with another person through the use of force, threats of violence or retaliation, or with a person who is incapable of giving legal consent due to intoxication, unconsciousness, or mental disability. Rape is always a felony in California, punishable by 3, 6, or 8 years in state prison. If the victim sustained great bodily injury, an additional 3 to 5 years may be added to the sentence. A rape conviction in San Francisco requires lifetime Tier 3 sex offender registration under PC 290. The San Francisco DA’s Office prosecutes rape cases aggressively, and our San Francisco sex crime defense attorneys have the trial experience to challenge the prosecution’s evidence at every stage.
Statutory Rape
Statutory rape under Penal Code Section 261.5 is defined as unlawful sexual intercourse with a person under the age of 18 who is not the spouse of the perpetrator. The severity of the charge depends on the age difference between the parties: if the age gap is 3 years or less, the offense is a misdemeanor; if the age gap exceeds 3 years, the offense is a wobbler (felony or misdemeanor); and if the defendant is 21 or older and the victim is under 16, the offense is a felony punishable by 2, 3, or 4 years in state prison. Statutory rape cases in San Francisco are prosecuted by the San Francisco DA’s Office, and an experienced San Francisco sex crime defense attorney can evaluate whether the prosecution can prove the elements of the charge beyond a reasonable doubt.
Sex Offender Registration
Sex offender registration in California requires individuals convicted of qualifying sex offenses to register with local law enforcement under Penal Code Section 290. In San Francisco, registration is done through the San Francisco Police Department. Under California’s three-tier registration system (SB 384, effective January 1, 2021), the registration period depends on the offense: Tier 1 requires a 10-year minimum for lower-level offenses, Tier 2 requires a 20-year minimum for mid-level offenses, and Tier 3 requires lifetime registration for the most serious offenses. Registered sex offenders are tracked through California’s Megan’s Law website, which maintains current information about registrants. A San Francisco sex crime defense attorney may be able to negotiate charges to avoid registration requirements or petition for removal after the minimum period.
Sexual Battery
Sexual battery under Penal Code Section 243.4 involves touching the intimate body parts of another person without consent for the purpose of sexual arousal, abuse, or gratification. This offense includes touching over or under clothing. As a wobbler offense, misdemeanor sexual battery is punishable by up to 1 year in county jail and a fine of up to $2,000, while felony sexual battery (involving a restrained, institutionalized, or disabled victim, or involving skin-to-skin contact through fraud) carries 2, 3, or 4 years in state prison and a fine of up to $10,000. Misdemeanor sexual battery requires Tier 1 registration (10-year minimum), while felony sexual battery with force may require Tier 2 registration (20-year minimum). Our San Francisco sex crime defense lawyers build comprehensive defenses to challenge these charges in San Francisco Superior Court.
Forcible Sexual Penetration
Forcible sexual penetration under Penal Code Section 289 involves the act of penetrating the genital or anal opening of another person with a foreign object against that person’s will through force, violence, duress, or threats. This is a felony offense in California punishable by 3, 6, or 8 years in state prison and a fine of up to $10,000. If the victim sustained great bodily injury, an additional 3 to 5 years may be added. A conviction requires Tier 3 lifetime sex offender registration under PC 290. In San Francisco, these cases are prosecuted as high-priority offenses by the District Attorney’s Office. An experienced San Francisco sex crime defense attorney can challenge forensic evidence, question witness credibility, and work to achieve the best possible outcome.
California's Statute Of Limitations For Rape Charges
There are two limitations for rape in California: the criminal statute of limitations and the civil statute of limitations. Currently, there are no statutes in place for criminal charges for rape. That means you can face rape charges no matter how long time passed from when the alleged incident occurred.
Moreover, victims of rape can file a civil lawsuit to get compensation for pain and suffering, medical bills, and more. The alleged victim of rape has two years from the date of the alleged incident to file a lawsuit. In contrast, if the victim were a minor at the time, they would have eight years from the day they reach the age of 18 to file a lawsuit.
Penalties for Sex Crime Convictions in San Francisco
Below is a summary of penalty ranges for common sex crime convictions in San Francisco:
Lewd Conduct (PC 647(a): Misdemeanor — up to 1 year county jail, fine up to $1,000. Tier 1 registration (10-year minimum).
Child Molestation (PC 288): Lewd acts with a child — 3, 6, or 8 years state prison. Tier 2 registration (20-year minimum). Continuous sexual abuse (PC 288.5) — 6, 12, or 16 years state prison.
Indecent Exposure (PC 314): First offense misdemeanor — up to 1 year county jail, fine up to $1,000. Second offense or aggravated — felony up to 3 years state prison. Tier 1 registration (10-year minimum).
Rape (PC 261): Felony — 3, 6, or 8 years state prison. Additional 3–5 years for great bodily injury. Tier 3 lifetime registration.
Statutory Rape (PC 261.5): Misdemeanor if age gap 3 years or less. Wobbler if more than 3 years. Felony 2–4 years if defendant 21+ and victim under 16.
Sexual Battery (PC 243.4): Misdemeanor — up to 1 year county jail, fine up to $2,000. Felony — 2, 3, or 4 years state prison, fine up to $10,000. Tier 1 or Tier 2 registration depending on circumstances.
Forcible Sexual Penetration (PC 289): Felony — 3, 6, or 8 years state prison, fine up to $10,000. Additional 3–5 years for great bodily injury. Tier 3 lifetime registration.
California law also allows “full-term stacking” under Penal Code Section 667.6(d), meaning sentences for multiple qualifying sex offense counts can be imposed consecutively rather than concurrently. This means a defendant convicted of multiple sex crimes can face substantially longer total prison time than the base term for any single count. Beyond prison time and registration, sex crime convictions in San Francisco carry devastating collateral consequences: loss of employment and difficulty finding new jobs in San Francisco’s competitive market, housing restrictions that make it extremely difficult to find housing as a registered sex offender, professional licensing revocations for medical, legal, educational, and financial professionals, child custody and visitation limitations, immigration consequences including deportation for non-citizens, loss of Second Amendment rights, and lasting social stigma.
You need an experienced San Francisco sex crime defense attorney committed to fighting your charges aggressively in San Francisco Superior Court. Facing sex crime charges in San Francisco? Don’t wait. Call Summit Defense at (415) 666-2316 or toll-free at 1-866-537-2584 for a free case
Defending Against False Sex Crime Accusations in San Francisco
If someone has falsely accused you of a sex offense in San Francisco, you need to protect yourself immediately and aggressively. False sex crime accusations in San Francisco can lead to arrest, charges filed by the San Francisco District Attorney’s Office, and potentially years in state prison if convicted. Our San Francisco sex crime defense attorneys use multiple proven defense strategies to fight false accusations and protect your rights:
Consent: In many sex crime cases, the central issue is whether the alleged victim consented to the sexual activity. A skilled San Francisco sex crime defense attorney can use cross-examination, text messages, social media communications, and witness testimony to demonstrate that the accuser consented and is now misrepresenting what occurred. Proving consent can result in a complete dismissal of charges.
Lack of Evidence: The prosecution must prove every element of the sex crime charge beyond a reasonable doubt in San Francisco Superior Court. Many false accusations lack physical evidence, forensic evidence, or corroborating witnesses. Your defense attorney can file motions to suppress improperly obtained evidence and expose weaknesses in the prosecution’s case.
Entrapment: San Francisco law enforcement, including SFPD, sometimes conducts sting operations — including online stings targeting individuals suspected of seeking sexual contact with minors. An experienced San Francisco sex crime defense attorney can raise an entrapment defense if the defendant was induced to commit a crime they would not have otherwise committed. California uses the “objective” test for entrapment, focusing on whether police conduct could have induced a normally law-abiding person to commit the crime.
Expert Witness Testimony: Summit Defense works with forensic psychologists, DNA analysts, digital forensics experts, and medical experts who can challenge the prosecution’s physical evidence, question the reliability of witness testimony, and provide alternative explanations for the evidence. Expert testimony can be decisive in sex crime cases where the evidence is primarily testimonial.
How Our San Francisco Sex Crime Lawyers Can Help
When you hire Summit Defense to represent you in a San Francisco sex crime case, our attorneys work to protect your rights and fight for the best possible outcome at every stage of the legal process:
Early Intervention During SFPD Investigation: If you learn that the SFPD Special Victims Unit is investigating you for a sex crime, our attorneys can intervene before charges are filed. Early attorney involvement can shape the direction of the investigation and, in some cases, prevent the San Francisco DA’s Office from filing charges altogether.
Independent Case Investigation: Our San Francisco sex crime defense team conducts its own thorough investigation — interviewing witnesses, gathering exculpatory evidence, reviewing police reports and forensic evidence, and identifying inconsistencies in the accuser’s story.
Challenging Prosecution Evidence and Police Procedures: We examine every piece of evidence the prosecution plans to use against you, filing motions to suppress evidence obtained through illegal searches, challenging the reliability of forensic testing, and questioning whether SFPD followed proper procedures during the investigation.
Negotiating with the San Francisco DA: Our team includes three former prosecutors who understand how the San Francisco District Attorney’s Office evaluates and negotiates sex crime cases. This insider perspective allows us to negotiate effectively for charge reductions, alternative sentencing, or case dismissals when the evidence supports it.
Trial Representation in San Francisco Superior Court: If your case proceeds to trial at the Hall of Justice or the Civic Center Courthouse, our experienced trial attorneys will present a compelling defense before the jury, cross-examine prosecution witnesses, and fight for an acquittal.
Post-Conviction Relief: If you have already been convicted of a sex crime in San Francisco, our attorneys can assist with expungement petitions under PC 1203.4, certificates of rehabilitation, governor’s pardons, and sex offender registration termination petitions under PC 290.5.
Sex Offender Registration Requirements in San Francisco
If you are convicted of a qualifying sex crime in San Francisco, you are required to register as a sex offender with the San Francisco Police Department under Penal Code Section 290. Registration requires providing your name, address, employment information, and other identifying details to local law enforcement. California’s three-tier sex offender registration system (SB 384, effective January 1, 2021) determines the length of your registration obligation based on the severity of the offense:
Tier 1 (10-year minimum registration): Applies to lower-level offenses such as misdemeanor sexual battery (PC 243.4), possession of child pornography, or indecent exposure (PC 314). Tier 1 offenders are generally not listed on the Megan’s Law website unless they pose a specific and demonstrable threat to public safety.
Tier 2 (20-year minimum registration): Applies to mid-level offenses such as lewd acts with a minor under 14 (PC 288), incest, or certain oral copulation offenses. Tier 2 offenders are posted on the California’s Megan’s Law website.
Tier 3 (lifetime registration): Applies to the most serious offenses including rape (PC 261), sex trafficking of children, sex crimes against children 10 and younger, and repeat sex offenders. Tier 3 offenders are posted on the Megan’s Law website and cannot petition for removal from the registry.
Registered sex offenders must comply with annual renewal within five working days of their birthday, re-register within five days of moving to a new address, and re-register within five working days of release from custody. Failure to register is itself a criminal offense under PC 290. After completing the minimum registration period, Tier 1 and Tier 2 offenders may petition the San Francisco Superior Court for removal from the registry using Form CR-415 under PC 290.5. Registration is not automatically terminated — you must affirmatively petition the court.
A San Francisco sex crime defense attorney can help you navigate the petition process. The SFPD sex offender registry information page and the statewide California’s Megan’s Law website provide public access to sex offender data. The registry was named after seven-year-old Megan Kanka, who was assaulted and killed by a registered offender who had moved into her neighborhood without the family’s knowledge.
Why San Francisco Residents Choose Summit Defense for Sex Crime Cases
San Francisco residents facing sex crime charges choose Summit Defense because our team offers unmatched depth, experience, and local knowledge. As Northern California’s largest exclusively criminal defense firm, we bring resources and expertise that solo practitioners and smaller firms simply cannot match.
Our San Francisco sex crime defense team includes three former prosecutors — including a former sex crimes unit District Attorney — who understand exactly how the San Francisco DA’s Office builds and prosecutes sex crime cases. We also have a former police officer on staff who provides critical insight into law enforcement investigation tactics, and a Board Certified Criminal Law Specialist who brings the highest level of criminal defense expertise. Our San Francisco office at 580 California Street, Floor 12, San Francisco, CA 94104 is located in the Financial District, approximately 1.5 miles from the Hall of Justice where San Francisco sex crime cases are heard. Our attorneys regularly appear in the San Francisco Superior Court Criminal Division and are familiar with the judges, prosecutors, and procedures specific to San Francisco County.
When you contact Summit Defense, your defense begins with a free, confidential consultation protected by attorney-client privilege. Everything you share with our team — in person at our San Francisco office, through email, or over the phone — is fully confidential.
We understand the sensitive and urgent nature of sex crime allegations in the San Francisco community, and we are available 24 hours a day, 7 days a week to take your call. Summit Defense also maintains offices in Oakland, San Jose, San Rafael, Burlingame, Redwood City, and Pleasanton for clients in surrounding Bay Area counties who need experienced sex crime defense representation.
San Francisco Sex Crime Defense FAQs
How do I find a sex crime lawyer near me in San Francisco?
If you are searching for a sex crime lawyer near you in San Francisco, Summit Defense offers a convenient office at 580 California Street, Floor 12, in the Financial District. You can schedule a free, confidential consultation by calling (415) 666-2316 or the toll-free number 1-866-537-2584. Our San Francisco sex crime attorneys are also available for in-home consultations anywhere in San Francisco County. With same-day and weekend consultations available, Summit Defense makes it easy to speak with an experienced sex crime defense attorney on your schedule.
What should I do if I’m accused of a sex crime in San Francisco?
If you are accused of a sex crime in San Francisco, the most important step is to contact a San Francisco sex crime defense attorney immediately — before speaking with SFPD investigators or the Special Victims Unit. Do not make any statements to police, do not contact the alleged victim, and preserve any text messages, emails, photos, or other evidence that may support your defense. The San Francisco DA’s Office can file charges quickly, and early intervention by an experienced attorney can sometimes prevent charges from being filed altogether. Call Summit Defense at (415) 666-2316 for an immediate free consultation.
How much does a San Francisco sex crime attorney cost?
The cost of hiring a San Francisco sex crime attorney depends on the complexity of the case, the severity of the charges, whether the case involves multiple counts, and whether it proceeds to trial in San Francisco Superior Court. Misdemeanor sex crime defense typically costs less than felony defense, which may require expert witnesses, forensic analysis, and extensive trial preparation. Summit Defense offers a free initial consultation to evaluate your case and discuss fees before any financial commitment is required.
Will I have to register as a sex offender in San Francisco?
Whether you must register as a sex offender in San Francisco depends on the specific offense and your criminal history. Under California’s three-tier registration system (SB 384, effective January 1, 2021), Tier 1 offenses like misdemeanor sexual battery require 10-year minimum registration, Tier 2 offenses like lewd acts with a minor under 14 require 20-year minimum registration, and Tier 3 offenses like rape require lifetime registration. Registration is done through the San Francisco Police Department under Penal Code 290. A skilled San Francisco sex crime defense lawyer may be able to negotiate charges to avoid or reduce registration requirements, or petition for removal after the minimum period under PC 290.5.
What happens if I fail to register as a sex offender in San Francisco?
Failure to register as a sex offender under Penal Code 290 is itself a criminal offense in California. If your underlying sex crime conviction was a misdemeanor, failure to register is charged as a misdemeanor with up to one year in county jail. If your underlying conviction was a felony, failure to register is charged as a felony with up to three years in state prison. You must register with the San Francisco Police Department within five working days of your birthday annually, within five days of moving to a new address, and within five working days of release from custody. If you are facing failure-to-register charges, contact a San Francisco sex crime defense attorney who can evaluate potential defenses.
Can I go to jail for a false sexual assault accusation in San Francisco?
Yes, a false sexual assault accusation in San Francisco can lead to arrest, criminal charges filed by the San Francisco District Attorney’s Office, and potentially jail or prison time if convicted. However, a skilled San Francisco sex crime lawyer can build a strong defense by challenging the accuser’s credibility through cross-examination, presenting alibi evidence, demonstrating a lack of physical or forensic evidence, and retaining expert witnesses to counter the prosecution’s claims. The burden of proof remains on the prosecution to prove guilt beyond a reasonable doubt in San Francisco Superior Court. If you have been falsely accused, contact Summit Defense immediately at (415) 666-2316.
Where will my San Francisco sex crime case be heard in court?
Sex crime cases in San Francisco are heard in the Criminal Division of the San Francisco Superior Court. The primary criminal courthouse is the Hall of Justice, located at 850 Bryant Street, San Francisco, CA 94103, where most felony sex crime cases are arraigned, heard at preliminary hearings, and tried before a jury. The Master Calendar is in Department 22 on the 3rd Floor. Some criminal matters may also be heard at the Civic Center Courthouse at 400 McAllister Street. Summit Defense attorneys regularly appear in both courthouses and are familiar with the judges, procedures, and prosecution patterns specific to San Francisco County.
How can a San Francisco sex crime lawyer help with my case?
A San Francisco sex crime defense attorney can help at every stage of your case, from the initial SFPD Special Victims Unit investigation through trial and sentencing. Specifically, your attorney can conduct an independent investigation, interview witnesses, analyze forensic evidence, challenge the prosecution’s case, negotiate with the San Francisco DA for reduced charges or case dismissal, and represent you at all court appearances in San Francisco Superior Court. Summit Defense’s team includes three former prosecutors who understand exactly how the San Francisco District Attorney’s Office builds sex crime cases — giving our clients a strategic advantage from day one.
What are the penalties for rape in San Francisco?
Under California Penal Code 261, rape is a felony punishable by 3, 6, or 8 years in state prison. If the victim sustained great bodily injury, an additional 3 to 5 years may be added to the sentence. Convicted individuals must also register as Tier 3 sex offenders for life under PC 290. In San Francisco, rape cases are prosecuted aggressively by the San Francisco District Attorney’s Office, and sentences may be enhanced further if the case involves multiple victims or aggravating circumstances such as use of a weapon. An experienced San Francisco sex crime defense attorney can challenge the evidence and work to reduce charges or achieve a case dismissal.
Can a sex crime conviction be expunged in San Francisco?
In California, certain sex crime convictions may be eligible for expungement under Penal Code 1203.4 if the defendant completed probation and was not sentenced to state prison. However, sex offenses requiring registration under PC 290 are generally not eligible for expungement. Even when expungement is available, registration obligations may continue until the offender successfully petitions for removal under PC 290.5. A San Francisco sex crime defense attorney can evaluate your specific case and advise whether expungement, certificate of rehabilitation, or a governor’s pardon may be available options. Contact Summit Defense for a free consultation to discuss post-conviction relief.
Hire a San Francisco Sex Crime Attorney Today — Free Confidential Consultation
Every day you wait is a day the prosecution uses to build their case against you. Summit Defense offers experienced San Francisco sex crime defense attorneys you can meet at our Financial District office at 580 California Street, Floor 12, or through an in-home consultation anywhere in San Francisco County.
Contact us at (415) 666-2316 or toll-free at 1-866-537-2584 for a free, confidential case review. Our attorneys are available 24/7 to take your call
