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I’ve Been Accused of a Sex Crime: Now What?

Blischak Law discusses what you should if you have been accused of a sex crime.

All crimes are bad, but one of the worst crimes that you can be accused of is a sex crime. No matter how the case will end, just the accusation alone can have a really negative impact. Even minor offenses can be classified as a felony.

There are a number of sex crimes for which you may be accused:

  • Sex abuse
  • Sexual Misconduct
  • Child Sexual Abuse
  • Child Molestation
  • Sexual Exploitation of a Minor
  • Sexual Conduct with a Minor
  • Dangerous Crimes Against Children (CDAC)
  • Luring
  • Indecent Exposure
  • Sexual Assault
  • Internet Child Pornography
  • Cyber Crimes

Defenses to Sex Crimes in Arizona

There are many defenses for the accusation of one of these crimes. These defenses include:

Consent

One of the defenses that may be argued is that the accused did, in fact, have sex/engage in a sex act with the alleged victim, but that (assuming that person had the capacity to make their own decision) such act was consensual. This may often hinge upon whom a jury finds most credible. In certain cases, a defense attorney may be able to bring in the alleged victim’s history as evidence.

Mental Incapacity

Another common defense to such crimes is that the defendant lacked the mental capacity (had a mental disease or deficiency) at the time of the act, therefore preventing them from understanding that their actions were criminal. If it can be proven that a defendant lacked the mental capacity at the time of the act in question, the defendant can be found not legally liable. 

Mistaken Identity

In situations in which there is a lack of DNA evidence and several witnesses who are able to corroborate the defendant’s argument that he or she was there but was not involved, a defense may be that there has been a case of mistaken identity. The defense may argue that the defendant was not even present, or that the defendant was present at the time but was not the person who committed the act. A common example of this is when a sexual assault has been alleged to take place at a fraternity house.  

Illegal Search & Seizure/Tainted Evidence

If the evidence in the case against you has been obtained without a search warrant and without probable cause to believe that the evidence of a crime is present, it is unconstitutional and therefore inadmissible at trial. Any other information that has been obtained because of this evidence is also inadmissible. 

When it comes to felony sexual assault cases, only a unanimous verdict can convict the defendant. If there is enough reasonable doubt as to the defendant’s guilt, such a verdict can be prevented. 

Blischak Law Helps Those in Arizona Who Have Been Accused of a Sex Crime

If you or someone you know has been accused of a sex crime, it should not be taken lightly. Seeking the help of a knowledgeable and experienced criminal attorney can be the difference in the outcome of your case, and ultimately for the rest of your life. At Blischak Law, we give our all to aggressively defend you and your rights. To learn more or to schedule a free consultation, call us at 602-737-3213 today!

Posted in: Sex Crime