What Legal Defense Strategies Exist for Overcoming a Sex Crime Charge?
Being charged with a sex crime is a gravely serious matter with devastating lifelong consequences, particularly if you are convicted of the alleged offense. Penalties can include imprisonment, like registering as a sex offender, and fatal damage to your personal and professional reputation. Therefore, it is essential to hire a criminal defense attorney if you have been charged with a sex crime, as your freedom may very well be hanging in the balance. Today, we will review different legal defense strategies a qualified criminal defense attorney can employ to increase your chances of a favorable outcome.
Common Defense Strategies for Defending Against a Sex Crime Charge
Let us now review some of the most common defense strategies that may be implemented in your defense depending on the particularities of your case, including:
- Questioning the accuser’s credibility – One of the most common defense strategies in sex crime cases is challenging the accuser’s credibility. This can involve scrutinizing their history, motives, and any inconsistencies in their statements. In addition, an experienced attorney will look for discrepancies in the accuser’s story, such as any contradictory statements made to law enforcement, medical professionals, or witnesses.
- Forming an alibi – If you can prove that you were somewhere else when the crime occurred, you may successfully incorporate an alibi as a defense. Your attorney will gather evidence, like surveillance footage, witness statements, or other records, to show that committing the crime would have been impossible. An alibi can be a powerful defense strategy, as it directly contradicts the prosecution’s case.
- Challenging the Collection and Handling of Evidence – Another effective defense strategy may be challenging law enforcement and forensic professionals’ collection, handling, and analysis of evidence. This can involve questioning the chain of custody, the methods used to collect and preserve evidence, and the accuracy of forensic analysis. If your attorney can demonstrate that the evidence has been tainted, unreliable, or improperly handled, it may be excluded from the trial.
- Consent as a defense – Consent may sometimes be a viable defense strategy. Your attorney must present evidence that the alleged sufferer willingly participated in the sexual activity. This can include witness testimony, text messages, or other communication that indicates consent. However, using consent as a defense strategy can be complex. The prosecution may argue that the sufferer was incapable of consenting due to factors such as age, intoxication, or coercion.
- False accusations – Sadly, false accusations do occur. Your attorney can work to uncover evidence that suggests the allegations are fabricated or exaggerated, such as a motive for the accuser to lie, inconsistencies in their story, or a history of making false accusations.
Contact a San Antonio Sex Crimes Defense Attorney
For astute legal representation, contact the experienced San Antonio sex crimes defense lawyers with Law Offices of Sam H. Lock. Call 210-226-0965 for a free consultation.
Source - https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm