43-year-old Sergio Guevara of Horsham is facing 25 counts of Possession of Child Pornography, resulting from an investigation by Montgomery County detectives that began last November. He has also been charged with five counts of Disseminating Photography/Film of Child Sex Acts and one count of Criminal Use of Communication Facility. Guevara waived his preliminary hearing on […]
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SORNA Retroactivity Found Unconstitutional
The Court of Appeals of Maryland has decided that the retroactivity of Maryland’s sex offender registration and notification law violates both the federal constitution’s and Maryland constitution’s bans on ex post facto laws. An ex post facto law is one that creates penalties for an act that was performed in the past (when the act […]
Law Prohibiting Sex Offenders From Using Facebook Unconstitutional
In the past, we’ve written about sex offenders on Facebook and other social networking websites. Some states have enacted laws that curtail the ability of registered sex offenders to use the same social media websites that minors also have access to. On January 23rd the U.S. Court of Appeals for the 7th Circuit ruled that […]
It’s Not Rape If She Thinks You’re Her Boyfriend
California’s Second District Court of Appeals ruled earlier this month that pretending to be a woman’s boyfriend in order to have sex with her isn’t rape. In People v. Morales, Julio Morales had sex with the victim after her (real) boyfriend left her house. The victim alleges that in the dark bedroom, Morales kissed her […]
PACDL Creates Litigation Strategy for Expert Testimony in Sexual Assault Cases
A new Pennsylvania law, 42 Pa.C.S. § 5920, took effect this past August. This new statute allows the prosecution (or defense) in a sexual abuse case to call an expert witness to testify about typical victim behavior. The prosecution might want to call an expert to explain why the complainant in a case waited months […]
