How To Defense A Criminal Sexual Conduct Cases

 Being convicted of a sex crime can come with very harsh penalties that can include up to life in prison as well as hefty fines. A conviction can also have long-lasting ramifications even after you complete your sentence. You will have a permanent criminal record and may have to register as a sex offender, sometimes for life. There is also a social stigma associated with being found guilty of a sex crime, which may affect your professional and personal relationships.

Fortunately, you may be able to avoid some of these consequences by hiring an experienced sex crimes defense lawyer who can identify strategies to fight the charges you face. Even if you believe that you committed the crime, mounting a vigorous CSC defenses may result in your charges being dismissed or reduced to a less serious offense.

In some sex crime cases, the accuser’s motives or credibility are very important to the strength of the state’s case. If the accuser has a history of making accusations against the defendant or others, it calls that person’s reliability as a witness into question. The relationship between the accuser and the defendant is highly relevant, bringing up questions of how the accuser might benefit from a criminal charge against the defendant. Calling the accuser’s credibility into question may call the state’s entire case into question.

Child witnesses present a particular challenge in a sex crime case. A defense attorney must be careful to conduct a thorough review of the child’s allegations and circumstances, while considering the sympathy a jury, and the public, is likely to have for the child. Problems with memory or difficulty in understanding the proceedings could affect a child’s testimony. Children may be susceptible to suggestion by parents, guardians, social workers, and others that could call the reliability of their testimony into question.

Evidence collected by police in violation of a defendant’s rights, such as through a warrantless search, is subject to a motion to suppress by the defense. Evidence that has been damaged, contaminated, or otherwise compromised should also be rejected by the court. A defendant has the right to confront their accusers and review the evidence the state plans to bring against them. Protecting these rights requires a vigilant and aggressive defense.

Another angle your defense lawyer may take is to promote doubt. The onus of proof lies with the prosecuting attorney, not the defense, which means the prosecution team must prove particular parts of the case beyond a reasonable doubt in order to win a conviction. Your defense lawyer may be able to question the prosecution in such a way that doubts whether the so called proof is true.

Sexual assault is a very serious crime with significant penalties. If you’ve been charged with the crime, you have the constitutional right to legal representation and you should speak with an experienced criminal defense attorney as early in the process as possible. After all, an attorney can help to sort out, and challenge, any evidence against you.