“ Sex crime…who me? You can’t arrest me, I haven’t done anything. What are you talking about?”
It may seem completely convoluted, and crazy to you. You may be completely innocent, and unaware of the charges, but the authorities are not going to believe that you haven’t committed the crime. Sex crime allegations and accusations are very difficult to defend. You are practically declared guilty even before a trial begins.
It is unfair, it is prejudiced, but that is how the legal system, the protective services and the prosecutor works. Whatever you say will be used against you.
This is where the defense attorneys come into picture. Society sympathizes and empathizes with the alleged victim. That is the obvious human tendency.
On the other hand, the wrongly accused hopes and prays that the truth will somehow surface. In that attempt they persists their innocence to the investigating officers, but all in vain. The accused in this endeavor ends up actually saying things that could get them into a lot more trouble.
The first and best step a sex crime accused must take is to hire an experienced sex crime attorney.
“ We know the playing out of every sexual assault case. We know the loopholes and lies that often get overlooked. That is how we are able to craft strong defense for the falsely accused, and get the charges dismissed.” stated a DuPage County criminal defense attorney.
Compiled below are five sex crime defenses and why they work.
Attributing and Uncovering the Hidden Motive of the Accuser
Why would you falsely accuse someone of such a serious crime? There is always an intent or a motive involved. Uncovering and revealing the root cause of a false accusation is one of the strongest defenses in a sex crime case. An expert lawyer would identify these discrepancies in the case and follow through to establish them in the court of law to work toward getting the sex crime charges dismissed or reduced.
Invitation to Sexual Contact
A top criminal defense lawyer can exploit and draw up a very strong defense on grounds of desired and provoked sexual touching. Every case is unique in its context. But, if this has happened to you, you need to consult an experienced attorney who has experience in such cases. If the case builds up such that, there was an invitation to engage in sexual conduct from the alleged victim’s side, the charges become completely baseless.
Portraying the battered and vulnerable victim to have actually invited and caused the sexual advances is a colossal task. It requires a sharp and observant attorney to design and implement such a defense strategy. Once it is established that the act was not just consensual, but in fact initiated by the alleged victim, the defense becomes very strong. However, the charges are much more fierce and complicated when they involve a minor, and this defense may not work under such circumstances.
Using Documented Evidence and Polygraph Test Results
Using documented evidence is a great way to weaken the prosecutor’s case. When the accused has no past criminal records, personal records can be a strong evidence. Good character letters, honorable discharge and military records, education records, lack of any criminal history should all be brought to the table. Similarly if there’s any evidence that the alleged victim had made such false accusations earlier in the past, it might prove to be a key piece of evidence.
Through these documents and results, the defendant attorney can establish that this is a misappropriated case and evidence and witness presented by the prosecutor is manipulated, hence there has been wrong allegations and the falsely accused leaves free and clear.
Establishing a Rock-Solid Alibi
If you were not there, how could you commit it? When you cannot uncover the motive behind the false accusation, or there are very strong accusations against you, and not much evidence in your favor, opt for an alibi. An alibi establishes that you were not present at the scene of act. When the defense lawyer is able to establish this without any doubt, all of the prosecutor’s arguments fall short. Key witnesses, bills, camera recordings, random observations, all play an important role in establishing an alibi. In such cases the defense will often reexamine the evidence presented by the prosecutor and the complainant. The defense needs to determine how to discredit the evidence, test for inaccuracies and inconsistencies and nullify them.
If the alibi is proved and accepted by judge and jury, the charges against the wrongly accused are dropped.
Prevalence of Mental Disorder, Incoherence, and Instability
Sex crimes is a broad term encompassing many acts perceived sexually offensive in nature. When the defense attorney establishes with the help of medical records and extensive reports that the alleged assaulter is mentally unstable, and committed the act in ignorance and unawareness, the chances of the charges being dropped or reduced increases significantly.
Across time, age, race and cultures these defenses have managed to turn around cases and bring justice to the innocents. If you are being wrongly accused in a sex crime case, consider hiring a DuPage County criminal defense lawyer with experience and knowledge in such cases. Follow the instructions of your attorney. In no condition, opt for a plea bargain if you are innocent. A plea bargain will ruin your personal and professional prospects. In the end, be strong if you or a loved one is being accused of a sex crime, and believe that justice will be done.