Over the last two years there has been an increased awareness of sexual crimes in the United States. With more and more alleged crimes coming to light, there are more people being accused of this type of wrongdoing. Certainly some of the people who were accused are innocent of the alleged crimes. If you were wrongly accused of a sex crime, the first thing to do is seek assistance from a qualified criminal defense attorney. Your lawyer will guide you through the process and assist you every step of the way.
Have Your Attorney Present for Questioning
Although you may want to talk to authorities in an attempt to clear your name, the opposite could happen. Do not speak with law enforcement until you first consult with your criminal defense attorney. It is your right to have an attorney present during questioning, and keep in mind that if you talk to law enforcement, what you say can be used in court.
Even a seemingly innocent comment made to law enforcement could be cause for concern and might make your defense more difficult. Your lawyer will want to talk to you about the alleged situation before determining how to proceed. For example, if the incident occurred many years ago the statute of limitations may have expired and law enforcement may not be able to bring charges.
Gather Evidence in Your Defense
Sexual abuse charges can be some of the most difficult to defend. One of the most common situations occurs when parties had consensual sex and then later one party claims that it was not consensual. This type of accusation can be hard to defend. Your attorney will need to gather as much evidence in your support as possible.
The date, time, and location of the alleged incident will be of utmost importance because you may be able to prove that you were not in that location on that date. Witness statements, employment records and other information may be helpful in proving where you were on a specific day. According to the Rape, Abuse and Incest National Network (RAINN), most reported sexual assaults occur at a person’s home, relative’s home, public place, parking lot, or school. Your attorney will need to work closely with you to develop your defense.
While you may not be able to provide a suitable alibi, you may be able to show that the person making the claim has wrongly done so. It may be possible to gather evidence show that the person has made false claims in the past or that the person is mentally unstable.
There are many different crimes that may fall under the general category of a sexual assault. For example, a person may accuse someone of touching them inappropriately, exposing themselves, peeping, or rape. The most serious crimes carry the most severe penalties.
Sexual assault cases can be complex and there are many circumstances surrounding each case. It is best to speak with an attorney as soon as you become aware of a potential problem. The sooner you get legal help, the better able your attorney will be to defend your case. Contact the lawyers at Henderson Legal Group to discuss the details of your case today.