The very nature of sex offenses dictates there are seldom witnesses therefore the decisions made by the prosecution are generally based on the relative strength of other evidence as well as the apparent credibility of the parties involved. False accusations are common yet can be extremely difficult to defend. There is a huge social stigma attached to any hint of sexual misconduct, therefore a totally innocent person can find they have lost everything due to a false accusation by someone wanting revenge for some real or imagined slight. Any case which involves a sex crime of any type must have a highly experienced criminal defense attorney involved. The consequences of trying to “go it alone” could land you locked up in a federal prison for years in addition to suffering a destroyed reputation, the loss of personal relationships and the inability to either keep your current job or obtain new employment.
Further Consequences of Being Accused or Convicted of a Sex Offense
Because the laws regarding sex offenses have gotten increasingly tough, a sex crime conviction can even cause you to be unable to rent a home not to mention the fact you could be required to become a registered sex offender for the remainder of your life. Remember that in no other area of the law are there so many wrongful convictions as there are in sex crimes. The consequences of being convicted of a sex crime can be extremely far-reaching not only for yourself, but for your family members as well. Especially in a smaller community it is likely that your children’s friends will know, the members of your church will know, your extended family members will know and your employer will know. Not only are you fighting for your own life and future, you are fighting for your family’s as well.
What Constitutes a Sex Offense?
Any type of illegal sexual activity whether it is rape, prostitution, sexual assault of children, public indecency, solicitation, pornography, date rape, pimping, statutory rape, voyeurism, and in some cases even “sexting” can all fall under a sex offense. While sexual assault requires there be unwanted physical contact with a sexual organ, in some states it is also legally prohibited to engage in sexually suggestive comments even when no actual contact took place. Anyone can accuse another of a sexual offense and too often the evidence is simply hearsay. A messy divorce, an offhand comment made by a child a school, a relationship between teens, and even clicking on a pornographic website can result in sexual criminal charges.
What the Prosecutor Must Prove
According to our law, the state prosecutor must prove beyond a reasonable doubt that a sex offense took place. If you are innocent of the crime you may feel you have nothing to worry about, but unfortunately that is just not true. An alleged victim who is a practiced liar can be very compelling—and detrimental—during a trial. The defenses your attorney may implement include consent, insufficient evidence, the surrounding circumstance, your state of mind and intention or simply your professed innocence. The primary way your defense attorney can help you is to ensure the prosecution is not ignoring evidence that definitely works in your favor as well as gathering evidence to show the alleged victim has a clear motive not to tell the truth or has a history of untruthfulness.
Why You Must Hire an Attorney
Remember that there are few acceptable plea bargains when you have been accused of a sex offense since most all please will require you register as a sex offender for the remainder of your life. In this fight for your life, reputation and freedom you must have the most experienced and knowledgeable attorney you can find. Depending on your specific charges, your attorney may find it necessary to hire forensic detectives, DNA experts, private investigators and even psychologists. Remember that early intervention is perhaps the only way you can avoid all the negative consequences of sex offense charges.