Many people accused of sexual assault were tried judged before the “public opinion court” and immediately described as “culprit”. This is unfair and contrary to the principles of criminal law in this country.
The bad accusations of sexual assault are common and although damage to reputation can still take some time to repair, the consequences of a criminal conviction can never disappear completely.
It is essential to protect your rights and defend the false accusations of sexual assault vigorously using a experienced criminal defense lawyer. Here is what you need to know about the defense of charges.
What to do immediately after being accused of sexual assault
Sexual assault is any non -consensual sexual act. The accusations of sexual assault have serious legal and personal consequences, which makes your actions immediately after a very important arrest.
If you are accused of this offense, try to avoid saying too much to defend yourself the next day. Instead, breathe and consider the following steps to help your legal position:
Keep all the available evidence
In the aftermath of an alleged sexual assault, you should preserve all the physical evidence available on the scene, such as clothing, condoms or other articles used, and the documentation of any injury. Don’t wash clothes.
In most cases of sexual assault, there are few or no witnesses to the incident. However, witnesses may have seen actions before the incident that can help corroborate your version of the events. If possible, keep the contact details of these people to provide your lawyer (not to the police). The photographs of interactions and surveillance images are also important forms of evidence if they are available.
This evidence can help create a reasonable doubt in the case of the accusation, which is the objective of a criminal defense strategy.
Request a legal representation
Your first step after an arrest and fees of sexual assault should be to request a legal representation from an experienced criminal defense lawyer in cases of sexual assault.
Your lawyer will protect your rights, will manage all communications with the competent authorities, will help you respond to police interrogations, work on the organization of your release and start your defense with an in -depth investigation into what happened.
The cases of sexual assault are notoriously complex due to the medical evidence involved and the nature “he says, she says” many cases – with a distinct lack of common witnesses. It is essential to be honest with your lawyer from the start, because the evidence is analyzed and the force of the accusation case is meticulously evaluated.
How to respond to false allegations of sexual assault and protect your rights
False allegations of sexual assault occur for various reasons – trying to gain the upper hand in a guard battle or another legal problem, to take revenge or hide an extramarital affair.
Be that as it may, allegations can be extremely alarming and damaging for the accused, but they will not simply disappear. The accusations of sexual assault are rarely abandoned these days without a clear lack of evidence or another reason which would make an unlikely conviction.
In addition to hiring a criminal defense lawyer to defend you, here are some following steps to protect your rights if you have been wrongly accused:
- Stay silent: you have the right to remain silent, but there may be a strong temptation to try to erase your name with the police. Everything you say can be used against you in court, so it is preferable to avoid making declarations to the police without your lawyer. Do not try to defend yourself.
- Avoid contact with the accuser and his friends and family: again, there may be a temptation to contact your accuser to set the record straight, but that’s a mistake. Protect your rights by refraining from discussing the case with someone other than your lawyer.
- Keep your emotions under control: the false accusations naturally put people angry, but acting out of anger will not help your situation and could worsen your legal position. Try to stay calm and discuss the issue only with your criminal defense lawyer.
- Document your memories of what happened: record your memory of the events in writing while the details are fresh in your mind so that your lawyer can understand your point of view when you start working on your defense. Include all the details you may think of, such as the clothes you wear, lighting in the region, whether you have consumed alcohol or drugs, etc.
Common defenses against false accusations of sexual assault
The main defenses of accusations of sexual assault are as follows:
Consent
If the sexual encounter was consensual and the consent was given freely and of an informed individual, he cannot be considered as a sexual assault. However, the accused will have to provide evidence, including text messages, emails or witnesses who can testify to the nature of the relationship and, if possible, the sexual act.
Erroneous identity
If the accused has a valid alibi proving that he was not in the place declared when the alleged assault took place, it is a very strong defense. Evidence may include telephone files, surveillance images or witness testimonies.
Unreliable accuser or witness
If it may be shown that the accuser or the witness of the accusation recalls the events in an incorrectly or confused way, the credibility of the accusations may be serious. Sometimes other evidence such as medical records or video surveillance images may contradict the account of the accuser, who can, once again, add a reasonable doubt to history.
The accused stopped due to the withdrawal of consent
In some cases, the accuser can initially consent to a sexual meeting but later withdraw this consent. If this version of the events is recognized as true by the defense, the defense should prove that sexual activity has been stopped quickly when the consent was withdrawn. Otherwise, the accused could still be found guilty of sexual assault.
Sometimes the accused in a case of sexual assault can have his version of the events supported by the following:
- Testimonials from testimonies of characters from friends, colleagues or members of the community, demonstrating a story of good moral character and a reputation for honesty and integrity.
- Demonstration of a ulterior motive for allegations of sexual assault by the accuser, such as revenge, jealousy or an attempt to obtain an advantage in a legal dispute.
- Testimony of experts testimony to forensic experts, psychologists or health professionals who can shed light on various issues. This may include evidence such as physical evidence or psychological states of the individuals involved.
With false allegations of sexual assault, a robust defense is necessary to prevent unwanted and undeserved consequences, now and in the future.
In cases where sexual assault occurred, the judge may consider attenuation circumstances explained using an experienced criminal defense lawyer in order to limit the consequences of a conviction.
For experienced legal aid and support with an accusation of domestic violence, call the Maine Criminal Defense Group to207-571-8146 For an initial case assessment.
Accused of sexual assault in Maine? (Video)
https://www.youtube.com/watch?v=%20jyzdpGyn0tu