Last Updated on: 21st October 2023, 08:31 am

Defending Against Sexual Abuse Charges: How an Experienced Attorney Can Help

Being accused of sexual abuse or assault can be terrifying. These allegations can destroy reputations, relationships, and lives if not handled properly. That’s why it’s critical to have an experienced sex crimes defense attorney on your side from the very beginning.

As a defense lawyer who has handled hundreds of sex crime cases over my career, I want to assure you that there is hope. These charges can be beat. I’ve seen it happen many times.

In this article, I’ll walk you through how an experienced sex crimes lawyer like myself defends clients accused of sexual abuse or assault. I’ll cover the specific defenses we use, the strategies we employ, and what you can expect if you choose to fight the charges.

Understanding the Allegations

The first thing I do in any sexual assault case is thoroughly examine the allegations. I’ll review the police reports, witness statements, medical records, and any other evidence. This helps me understand what exactly we’re dealing with.

Some key questions I try to answer:

• Who is making the accusation and what is their relationship to the defendant?
• When and where did the alleged incident occur?
• What specific acts are being alleged?
• Is there any physical evidence or injuries?
• Are there any witnesses and what are they saying?
• What was the timeline of events according to the accuser?
• Does the story make sense or are there inconsistencies?

Getting a handle on the accusations allows me to start formulating the best defense strategy.

Common Defenses in Sex Crime Cases

There are a number of effective defenses that I frequently use in sexual assault cases:

False Allegations

Many sex crime charges stem from false allegations. There are many reasons someone might lie about sexual abuse, such as:

• Custody disputes
• Revenge
• Mental illness
• Misunderstandings

As the defense attorney, I will thoroughly investigate the accuser’s background and motivations to see if they have reason to fabricate allegations. If so, highlighting their lack of credibility can defeat the charges.

Consent

In many cases, the accuser actually consented to the sexual contact but later changed their mind or regretted it. Demonstrating that they consented at the time it occurred can be a solid defense. Witness statements and communications between the parties help establish consent.

Mistaken Identity

Sometimes the accusation stems from a genuine case of sexual assault, but the wrong person has been accused. This happens more often than you might think. We can argue mistaken identity by showing the defendant couldn’t have committed the crime due to an alibi, lack of opportunity, or not matching the description.

Mental Illness

If the accuser suffers from mental illness like schizophrenia, bipolar disorder, or psychosis, their perceptions and testimony may be unreliable. Obtaining their mental health records and having our own expert evaluate them can show their illness casts doubt on their allegations.There are other defenses that apply depending on the specifics of the case, but these are some of the most common. My job is determine which defenses give us the best chance at an acquittal or dismissal.

Investigating the Case Thoroughly

The key to winning is the investigation. I don’t take the prosecution’s evidence at face value. I dig deeper.Some techniques I use to investigate sex crime cases include:

• Interviewing witnesses myself to see if their story matches what’s in the police reports
• Consulting with expert witnesses regarding the accuser’s injuries or mental state
• Collecting medical records, phone records, social media posts, and other documentation
• Visiting the crime scene to check lines of sight and look for security cameras
• Hiring private investigators to look into the accuser’s background and version of events

The smallest detail can make or break a case. For example, I once proved a defendant couldn’t have committed the crime because phone records showed he was 30 miles away at the time. That got a serious charge dismissed. Thorough investigation leaves no stone unturned.

Negotiating with the Prosecutor

An experienced sex crimes attorney knows the prosecutors handling these cases. I’ve likely dealt with the same prosecutors for years. This allows me to negotiate effectively outside of court. My goal is always complete dismissal, but plea bargains are sometimes in the client’s best interest, especially if conviction seems likely.

A good deal can mean reduced charges, less jail time, or avoidance of sex offender registration. Based on my relationship with the prosecutor, I’ll craft a persuasive argument as to why the case should be dismissed or plead down. I’ll highlight weaknesses in their case, mitigating circumstances about my client, and reasons why a trial is a waste of resources. This can convince them to drop or reduce charges.

Mounting an Aggressive Defense at Trial

If a plea deal can’t be reached, we’ll aggressively defend at trial. My goal is instilling reasonable doubt by showing the accuser is lying, mistaken, or mentally unstable. I’ll confront witnesses with tough questions exposing contradictions and lies. I’ll have our experts testify the accuser’s story makes no sense. I’ll passionately argue to the jury in closing that the allegations simply don’t add up.

Sexual assault trials often come down to “he said, she said.” My job is making sure the jury believes our side. I’ve secured many full acquittals by convincing juries the accusations were fabricated.

An aggressive defense also means making appropriate motions to get damaging evidence excluded or charges dismissed before trial. I’ll file motions challenging improper police conduct, Miranda violations, illegal searches, and other constitutional issues.

Sentencing Mitigation if Convicted

If we go to trial and lose, the next step is minimizing the sentence. I’ll present the judge with mitigating factors justifying less jail time like:

• Minimal criminal history
• Strong family & community ties
• Mental health issues
• Productive work history
• High rehabilitative potential

I’ll also argue for avoiding sex offender registration, which can destroy someone’s life. Alternative sentencing options like house arrest may be available. My goal is always the least restrictive punishment.

Why an Experienced Sex Crimes Lawyer is Critical

As you can see, defending sex crime cases requires highly specialized knowledge, relationships with prosecutors, and trial skills – exactly what an experienced attorney brings to the table.There are also crucial legal nuances in these cases that a non-specialist could easily miss. Just one mistake can lead to catastrophic consequences for the client.

Don’t take chances with your life and liberty. Contact my firm for a free case evaluation. I’ve been successfully defending sexual assault cases for over 20 years. I know exactly how to approach your case for the best possible outcome.With an experienced sex crimes lawyer in your corner, there is hope. Call today to get started fighting these life-changing allegations.