Legal Question in Constitutional Law in California

Can a inmate be charged as a sex offender for having sexual contact with another inmate even if it was consent and not forced. Can they be made to wear a ankle monitor when released. And if so why can they not be allowed at parks, schools, but yet be allowed to live with children? And if they are sex offenders by law does the parole officer have to tell there spouse or fiance the truth about his charge?


Asked on 8/18/09, 9:46 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If the contact was truly consensual then neither participant committed any crime, let alone a sex crime. But if the authorities believe there was no consent, they might file charges anyway. And if the judge and/or jury agree with the authorities, the inmate could be convicted and forced to register as a sex offender.

Convicted sex offenders are allowed to live with children because the government does not have the authority to prevent them from living with their family or forming a new family.

Offhand I don't know the answers to your questions about ankle monitors or parole officers. Perhaps another attorney will be able to answer them for you.

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Answered on 8/19/09, 12:14 am


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