There are two ways by which a lawyer can defend someone charged with a sex crime. Firstly, the intent, questions of evidence, and errors on the part of inspectors affect the case against the charged person.
Secondly, if someone is convicted, there will be personal history, mental health, and public safety issues the law can consider when punishing someone responsible for a sex crime. If you need help defending yourself in sexual assault allegations, contact tadlaw.com for League City sexual assault attorney.
How can a lawyer defend you against sexual assault allegations?
There are several ways by which a lawyer can defend you against sex crime charges.
1. Consent defense
Consent is an essential matter in cases that involve rape and or sexual assault. Is there proper evidence to indicate that sexual relations were not accepted? Did the victim make similar claims previously? Is the victim suffering from depression, alcohol or drug addiction, or having a personal animosity towards the client? What was the situation neighboring the alleged rape?
2. False memory syndrome
In some cases, it has been observed that the children and adults claim that terrible and traumatic incidents occurred that never happened.
3. Age defense
If an underage teen uses a fake Identity to enter a bar or age-restricted place, the accused person may not know that the teen is underage. In child-pornography cases, is there clear evidence to think that the photo was planned to be of an underage teen?
4. Trafficking of juvenile prostitutes
In order to get a sentence for trafficking, it has to prove that a sexual patron saw the ID of the juvenile, which indicates that he or she was underage.
5. Physical Characteristics
In cases like molestation and rape, the alleged victim should have to identify specific unique physical characteristics which can be grounds for a case’s dismissal.
6. Using psychotropic prescribed drugs
Research has shown that psychotropic drugs (not all) can deform sexuality and perceptions of reality. But it is not defensible by itself, and the court may decrease the sentence in light of certain medical information.
7. Mental problems like depression
People suffering from schizophrenia, depression, or other mental conditions disrupt the sense of shelf, pleasure, or what constitutes the natural person. If the person is diagnosed with such a mental illness, the court will suggest treatment instead of incarceration.
8. Intentional accusations
Some people may accuse other people of assault when they want to take revenge or gain something from the procedure. In such a case, the accuser is fully aware that they are making a false accusation and that the defendant is innocent. There are many reasons why a person may do this.
For example, a bitter ex may want to teach you a lesson, or an ex-spouse may be seeking full custody of your child. If they are successful in proving that you were indeed guilty of assault, you may lose your child. Therefore, if you have a kid you do not want to lose, do not hesitate to hire a lawyer.
Self-defense is one of the most common defenses in all assault cases. In order to prove self-defense, you must prove that the defendant inflicted a certain level of harm upon you, and there was nothing else at that moment that you could have done to protect yourself. You must also prove that you had no reasonable chance of escaping that situation.
10. You were defending others
In this defense, you need to prove that you had assaulted the accuser because you were trying to protect other people. Here, you must establish that you had reasonable grounds to attack the person. You must have an honest fear of the situation.
Assaulting a person to save other people from harm is not illegal. If you see someone getting attacked and the person is not able to defend themselves, then only you can take action against the assaulter.
What to do when you have been falsely accused of assault?
When you have been falsely accused of assault, you need to take a few necessary steps to protect yourself. Sitting at home and wasting time worrying about the situation won’t help. Situations like this keep getting worse the more you wait. Instead, take these few steps.
Realize the gravity of the situation
The first thing you need to do is realize the gravity of your situation. Some people do not take the charges seriously because they believe nothing will happen to them since they are innocent.
However, knowing that you are innocent is not enough to protect yourself from serious trouble, such as jail and fines. In a perfect world, the court would be able to see through liars. Unfortunately, that is not the case here.
Select the right attorney to represent you
You will find thousands of assault defense attorneys in your city. However, not all of them are right for your case. Research attorneys’ background, experience, and qualifications before hiring them.
Also, try asking the shortlisted attorneys for an initial consultation session so you can get to know them before actually hiring them. This will give you a chance to see how they are in person.
Work on a witness list
When it comes to an assault case, witnesses can make or break the situation. The more witnesses you can find, the better. Witnesses are people who were present with you or the accuser when the alleged incident happened.
For example, if the accuser says that you assaulted them on Tuesday night, a witness who was with you on the same night could testify for you. This will prove that the witness was with you, and thus, the accusations are false.
Do not give up
Working hard for a case might seem unreasonable when you have not done anything wrong. However, if you have been falsely accused, you must do everything in your power to prove your innocence. Having a criminal record can destroy your present and future both and also ruin your interpersonal relationships.
While feeling overwhelmed about the situation is normal, you should not give up. After all, you should not let a liar win the case.