If you are charged with sexual assault, you case will go in front of a judge. It is the duty of the prosecution to prove the following elements:
The defendant touched the victim against the victim’s will. This means that the prosecuting attorney must prove that the victim did not consent to the action.
The defendant touched the victim’s intimate parts while the defendant, or another party, restrained the victim. This means that the victim was somehow restrained, though the touching of the victim’s intimate parts can occur via direct contact, as in the skin of the victim, or via indirect contact, as in through the clothing of the victim.
The defendant touched the victim in an unwanted manner in order to obtain sexual arousal, sexual gratification, or sexual abuse. This means that if the touching that occurred was intended in a non-sexual manner, such as in a medically professional manner, the prosecution will have a more difficult time obtaining a conviction for the crime.
A good defense lawyer will explore many paths in your defense of a sexual assault charge. Importantly, your defense should consider whether the charges against you are felony charges or misdemeanor charges, which could be possible with a case.
A Holistic Approach for Sex Crimes Charges
Physical evidence, e.g., DNA, semen, or bruising is often not available in cases where
a) the allegations were made years after the alleged conduct,
b) the alleged conduct does not involve penetration or the use of force, and of course,
c) the allegations are false. It’s important to realize that were such “corroborating” evidence available, this would not unconditionally mean that the allegations were true, and instead would give defense counsel an opportunity to analyze it and use it to discredit the allegations.
In such cases, the defendant’s counsel is effectively tasked with proving something did not happen using very limited “evidence.” The judge or jury is presented with the statements of the complainant and the statements of the alleged perpetrator, and is tasked with determining whose version of events is more credible. Therefore, the overarching goal of the defendant’s counsel is to discredit the complainant’s version of events, and build the credibility of the defendant’s version of events.
Creating Reasonable Doubt by Discrediting the Statements of the Complainant
Before beginning any trial, lawyer meticulously inventory every statement previously given by the complainant and his or her witnesses. Therefore, they are able to recognize and explore during trial any remarks made by the complainant that are inconsistent with or contradictory to prior statements.
Equally important, they also capitalize on statements about events that can be shown to be implausible, or even impossible. Testimony that generates these types of unreliable statements can be (and should be) inferred by the jury as being testimony that is inconsistent with what would be expected from a person who is telling the truth.
Creating Reasonable Doubt by Establishing Accuser Motivation
The motivation of an accuser is highly relevant and can create reasonable doubt in the minds of jurors. Proper pre-trial investigation of the accuser’s background as well as the circumstances under which the allegations were made can uncover facts that give rise to motivation.
Below are several motives for individuals to make false claims of sexual assault, which may explain the reasoning behind the allegations against you.
Embarrassment or Shame. Despite being involved in a consensual sexual encounter, a person may make a false allegation of sexual assault in order to cover up the fact that he or she willfully participated.
Revenge or Contempt. A person may falsely accused another person in an effort to seek revenge, or because the complainant has developed contempt for a person. For example, did a person humiliate, embarrass, physically or mentally hurt, disrespect, spread rumors about, or dismiss the advances of the complainant? Such retaliatory accusations can spawn from anger, dissatisfaction or hurt feelings, and are made maliciously or vindictively in effort to harm the accused.
Financial Incentive. A false sexual assault accusation can be a way for a person to extort money from another person. Generally, these schemes are intended to end without the involvement of law enforcement, but at times this inadvertently happens. Celebrities are not the only targets of these schemes – they can arise in any situation where the complainant believes the victim has little choice but to comply with his or her financial demands. A classic example of this scenario is extortion associated with extramarital affairs.
Divorce and Child Custody Disputes. A parent may falsely accuse his or her spouse or partner of having sexually molested one or more of their children in order to gain an advantage in family court. Such false charges can arise during divorce and custody cases. This phenomenon is so prevalent that a Google search for “divorce false allegations of sexual abuse” will reveal numerous articles, scientific research and even books that are dedicated to this topic.
Use of Expert Witnesses
Expert witness testify about facts and areas of the law that are beyond the knowledge of jurors. It is easy to see that they include doctors and DNA scientists, for example. There are other experts who can make the difference in defending sex abuse cases.
These are forensic psychologists who can analyze video-taped statements give by children to law enforcement to testify about influence and suggestion. This is an evolving area of the law that now, more than ever, mandates building these experts into the defense’s presentation.
