Navigating the Legal Waters: A Closer Look at the Josh Giddey Case

In recent days, the NBA community has been shaken by allegations (detailed in a USA Today report) surrounding Oklahoma City Thunder guard Josh Giddey, who is accused of having an inappropriate relationship with a minor. As a criminal defense attorney, it’s crucial to approach such cases with a balanced perspective, recognizing the serious nature of the allegations while also acknowledging the principle of innocent until proven guilty. In this post, we’ll break down what we know thus far and the possible legal repercussions Giddey could face. These charges could include Oral Copulation of a Minor (PC 287), and/or Statutory Rape (PC 261.5).

California Penal Code 287, also known as Oral Copulation of a Minor is a felony offense, which can result in jail time of 16 months – 3 years. This charge covers any sort of oral sex with a person who is under the age of 18. In California, the legal age of consent is 18 years old, which means if Giddey had any sort of oral relations with a willing 17-year-old, it would still fall under this category because minors cannot legally consent.

Lastly, Statutory Rape (PC 261.5) is perhaps the most common offense. This is also known as Unlawful Sex with a Minor. Again, anyone under 18 cannot legally consent, so even if the girl was a willing participant, it is still against the law. To be convicted of PC 261.5(c), the person you’re having sexual relations with has to be under 18 and more than three years younger than you. For reference, Josh Giddey is 21 years old.

Now, it’s important to remember that an accusation does not automatically equal guilt. It is on the Prosecutor to prove beyond a reasonable doubt that Giddey had a sexual relationship with this minor.

As a legal professional, my role is to emphasize the importance of a fair and thorough investigation. Everyone deserves the right to present their side of the story, and it’s essential to remember that accusations alone do not constitute guilt. Giddey’s silence during the media availability is not an admission of guilt but rather a strategic move to protect his legal interests. The legal process will unfold in the coming days, shedding light on the truth behind the allegations and determining the appropriate course of action for all parties involved.

If you, or someone you know in the Inland Empire, has been accused of a similar case, don’t hesitate to give us a call at 909-939-7126. We specialize in sex crimes in the Inland Empire and have a proven track record of successfully defending numerous cases. The first consultation is free. Located in Ontario, CA.

For more details on the NBA-related case mentioned, refer to the USA Today report: USA Today Article on NBA Allegations.