Last Updated on: 20th October 2023, 10:07 am

What to Do if Facing Federal Sexual Assault Charges

Being accused of a federal sex crime can be an incredibly scary and overwhelming experience. Even if you’re innocent, the legal process can seem confusing and unfair. This article aims to walk you through some of the key things to know if you find yourself in this situation.

Understand the Charges

The first thing to do is understand exactly what you’ve been charged with. There are a number of federal laws that relate to sexual assault and abuse, such as:

• Sex trafficking and forced labor (18 U.S. Code § 1591)
• Sexual abuse (18 U.S. Code § 2242)
• Sexual abuse of a minor or ward (18 U.S. Code § 2243)
• Abusive sexual contact (18 U.S. Code § 2244)
• Offenses resulting in death (18 U.S. Code § 2245)

The charges and potential penalties can vary widely, so it’s important to know the specifics. Your lawyer will go over this with you.

Hire an Experienced Lawyer

Federal sex crime cases are highly complex. You need an experienced federal criminal defense lawyer on your side. Don’t try to handle this yourself. A good lawyer will:

• Fully investigate the charges and evidence against you
• Advise you on possible defenses and legal strategies
• Represent you in negotiations with prosecutors
• Defend you vigorously in court if necessary

When hiring a lawyer, look for someone with specific experience defending federal sex crime cases. This area of law is very specialized. You want someone who knows it inside-out.

Consider Your Defenses

There are a variety of defenses that your lawyer may use to fight the charges against you. Some possibilities include:

• False allegations – In some cases, the accusations against you may be fabricated or exaggerated. Your lawyer can investigate inconsistencies and work to undermine the credibility of your accusers.
• Consent – In certain situations, consent may be a valid defense against sexual abuse charges. However, legal definitions of consent can be complex.
• Mistaken identity – Eyewitness misidentification has played a role in many wrongful convictions. Your lawyer may argue the witnesses accusing you are simply mistaken.
• Diminished capacity – If you were under the influence of drugs or alcohol at the time, it may be possible to argue you weren’t capable of forming criminal intent.
• Entrapment – If you were induced or pressured into committing the offenses by government agents, entrapment may be a defense.

Your lawyer will assess the facts of your case to determine the best strategies for building your defense.

Consider a Plea Bargain

Very few federal criminal cases actually go to trial. The vast majority end in plea bargains. Your lawyer may advise you to consider negotiating a plea deal if the evidence against you is strong. Benefits can include:

• Avoiding some charges and having others reduced
• Lighter sentencing recommendations from prosecutors
• The chance to avoid trial and resolve the case more quickly

The downside is you’ll likely have to plead guilty to something. Your lawyer can help weigh the pros and cons of any offered plea deals.

Prepare for Trial

If you do decide to take your case to trial, your lawyer will work diligently to challenge the prosecutors’ evidence and create reasonable doubt around your guilt. Some key aspects of preparing for trial include:

• Filing motions to have certain evidence excluded or suppressed
• Interviewing and preparing any witnesses who can support your defense
• Working with investigators to gather evidence and documents that may help exonerate you
• Researching and preparing detailed legal arguments to present before and during the trial

Your lawyer will also advise you on whether you should consider taking the witness stand to testify on your own behalf.

Consider Appeals if Convicted

If you are convicted despite your legal defenses, your lawyer may advise you to appeal the verdict or sentence. Grounds for appeal could include things like:

• Prosecutorial misconduct
• Judicial errors regarding evidence or jury instructions
• Ineffective assistance of counsel
• Unreasonable or unfair sentences

The appeals process provides an opportunity for higher courts to review potential mistakes made by the trial court. Your lawyer can handle this process for you.