It is a cornerstone of our legal system that the accused are innocent until they are proven guilty. Nonetheless, those facing sex crimes should not wait for a verdict. The charges’ serious nature means that the defendant is often considered guilty until they are proven innocent. So it is essential to work with a qualified criminal defense lawyer well before the court date. These legal professionals can fight all accusations each step of the way to protect the individual’s legal rights and privacy.
There is much at stake in these cases, including time in jail, registration as a sex offender, and a criminal record that follows the defendant around for the rest of their life. It impacts such seemingly unrelated goals as their ability to get a good job, go back to school, and even find a safe place to live.
Potential defense for sex crimes
Many will feel that all is already lost. There are, however, often grey areas where misunderstandings and poor choices by both parties involved. Law enforcement can make mistakes in gathering evidence or not follow proper legal procedures. Each case is different, but common defense tactics include:
- Innocence: The charges may be a false smear campaign cooked up by an angry ex out to destroy the defendant’s reputation. Moreover, the prosecution has to prove guilt beyond a reasonable doubt, which can be difficult if the proof is not accurate or conflicts with other witnesses.
- Consent: Many cases often hinge on the issue of consent. Perhaps there was remorse or a change of heart after the fact. It may be a matter of an angry parent or family pushing the case forward despite what the “victim” claims.
- Insanity or compromised mental capacity: There may also be grounds for dismissal if the defendant has a documented mental disease.
- Wrong charges: Sometimes, overzealous charges do not fit the crime. A defense attorney can help get to the truth of the matter so that the penalties better reflect the defendant’s actions.
Serious charges need a serious defense attorney
It is often best to work with an attorney who has experience handling sex crime cases in court. Their knowledge and skills gained over years of work can be a real benefit to their clients, particularly those in challenging situations.