Veterans and Sex Crime Charges in California: Special Considerations
Introduction
Veterans facing criminal charges, including sex crimes, may qualify for alternative legal pathways in California due to their unique service-related challenges. Courts recognize that PTSD, traumatic brain injuries, and other combat-related conditions can contribute to behavior that leads to arrest. While a sex crime accusation is serious, California’s legal system provides certain protections and treatment options tailored for veterans under Penal Code §1170.9 and related diversion statutes.
This article explores the legal options available to veterans accused of sex crimes, including potential eligibility for diversion, treatment-based sentencing, and reduced penalties.
Understanding California Penal Code §1170.9
California Penal Code §1170.9 allows courts to take a veteran’s military service into account during sentencing. If a defendant can demonstrate that their military service contributed to the offense—such as through PTSD, substance abuse, or depression—the judge may order treatment instead of incarceration.
To qualify under §1170.9, the defendant must:
- Be a current or former member of the U.S. military
- Suffer from a service-related condition (e.g., PTSD, sexual trauma, substance use disorder)
- Provide documentation and expert testimony supporting the diagnosis
This statute applies to a wide range of offenses, though not all sex crime charges are eligible for diversion or alternative sentencing. An experienced attorney can assess the specific charge and available defenses in light of your service record.
Military Diversion Programs for Non-Violent Offenses
For veterans charged with lower-level sex crimes such as indecent exposure or non-violent misdemeanors, California’s Military Diversion Program (Penal Code §1001.80) may be an option. This pretrial diversion program focuses on rehabilitation and treatment rather than punishment. Key features include:
- Temporary suspension of criminal proceedings
- Participation in mental health or substance abuse treatment
- Dismissal of charges upon successful completion
Not all courts grant military diversion for sex-related charges, but with strong advocacy and supporting documentation, a veteran-focused defense strategy can often lead to a more favorable outcome—even in complex cases.
