When it comes to defending a sex crime there are basically two aspects that need to be seen. Firstly, there will be a question of intent, evidence, and even mistakes on the investigatory part which may hamper the case of the prosecution against the person accused. Another one is, if the person is convicted then there could be mental health, public safety measures, personal history, and other issues which can be taken into consideration while sentencing the person that has been convicted for the rape charges. Certainly, to fight this battle the person requires an attorney who holds experience in defending against rape charges.
How the attorney can help in the whole defense process:
The victim must first understand that the battle itself has just started and during the whole journey it is only the lawyer who can be of greater support than anyone else. Well, when it comes to defining against the rape charges, the lawyer may fight against the charges or may fight for the sentences. It depends entirely on the severity of the case and other situations. Here are few things to know on which the lawyer can make the defense:
Defending Clients Against Sex Crime Charges:
The case against the client can be challenging and for this, some issues are being considered. It entirely depends on the facts of the case as well:
- Consent defense:
If the case includes not just sexual assault but also rape, then consent is the most important concern. If there is enough evidence that indicates the sexual relationship was not at all consensual then certainly the case can be stroking. Besides other things like the history of the victim with regards to similar claims and the suffering of the victim from depression or alcohol addiction are also considered.
- Age defense:
If the victim that was raped was underage and supposedly using the fake ID had entered the bar, the accused clearly and no roans on assuming that the teen was not of the legal age. In such a case, if the hold pornography charges along with the rape are being charged then this could fight off.
- Juvenile Trafficking:
In Washington state, the sexual patron needs to have seen the juvenile’s ID indicating that the victim is underage. If this is proven then the person is likely to be charged for the trafficking in juvenile prostitutes
- False Memory Syndrome
Research has been clearly showing that there are cases where adults and children often claim for some traumatic events that may have never happened earlier. In order to prove a member being a false one, the eye witness often can be gathered for indicating the aspects of memory don’t align with the facts known.
- Physical Characteristics:
In cases of molestation and rape, often it is important that the alleged victim can identify some unique physical characters of the accused. There are cases when the person’s inability to identify some unique physical characters can be grounds for the dismissal of the case.
Defending Clients Against Sentencing of Sex Crime
- Victim of Sexual Abuse:
As per the research, the victim of sexual abuse is often prone to be abusers when they turn to be adults. While this certainly is not an excuse for the behavior but the court often advises counseling in such cases over a lengthy prison sentence.
- Usage of Psychotropic Prescription Drugs:
It has been even proved in the research that some psychotropic drugs may destroy the libido. Even if it is not exculpatory, the court would probably reduce the sentence while considering some medical details.
- Depression or other Mental Issues:
People going through schizophrenia or depression may have distorted self-sense. If the person is diagnosed with mental illness the court can order the treatment and not the serious punishment.
If at any point the victim believes that there are already accusations or is also ready will be accused of sexual assault then it is always better to speak with the legal expert. These are experts who hold knowledge of defending against rape charges. To find the lawyer who can be the right fit for the case initially may take time but later all the research shall be worth it after finding the right one.