These are the cases where you learn who your true friends are. The mere accusation of a sex crimes will send those you thought of as friends and co-workers and even some family members, running away from you just because of the accusation. It’s that much worse when the accusation involves a child.
These are the cases which involve Aggravated Sexual Assault and Sexual Assault, Sexual Assault of a Child, Continuous Sexual Abuse of a Child, Possession of Child Pornography, Enticing a Minor, Improper Photo/Visual Recording, Indecency with a Child by Contact and Prostitution (although there are several more). The stigma and embarrassment of these cases will put the client in a very dark place.
The sad thing is, there is often very little physical evidence in these cases, sometimes none, and the State will want a conviction on someone’s word alone. These cases are very political in terms of the amount of discretion a prosecutor has to dispose of the case because many groups have put pressure on prosecutors’ offices to never dismiss these types of cases regardless of what the evidence may show.
Fighting these cases is fighting on two fronts: Combatting the accusation and evidence and lack thereof, and combatting what the prosecution will ultimately say, “Why would she Lie?”
The truth is that there are many women who have lied about having been raped with some having received extensive press coverage (see the Duke Lacrosse case and the Rolling Stone University of Virginia case). But what the State does in these cases, knowing it has the burden to prove guilt on every element beyond a reasonable doubt and knowing that burden never shifts to the defense, they shift the burden to the defense to actually have to prove why she would lie. Is that the law? No. Does the jury want an answer to that question? Absolutely—and any solid defense strategy must seek an answer to that question.
Contact our criminal defense team today by calling (512) 494-4070 or requesting a free consultation online now.