An improper defense can often be the reason why those who have been charged with sexual abuse are convicted of the crime. When facing sexual abuse charges, it is critical that you work with a criminal defense attorney in New York who is experienced with the defense strategies for these cases. They often require defense skills that vary from other criminal charges, such as showing the judge and jury that there is substantial reasonable doubt, rather than trying to prove that the crime never occurred.
Defending Against Sexual Abuse Cases
Statute of Limitations (SOL)
When a crime has been committed so long ago that evidence is no longer reliable, prosecutors are then unable to seek charges. A charge must be brought against a person before a certain amount of time has passed or else the person can no longer be faced with charges. In New York, there is no statute of limitations for first-degree sexual abuse crimes. For other felony crimes, the SOL is five years, misdemeanors is two years, and petty offenses are one year. Consult with a criminal defense attorney about whether or not the SOL has passed for your case.
Accuser Motivation
In many cases, sexual charges are based on the word of the accuser. Therefore, the reasoning and background of the accuser can create reasonable doubt for the jurors. A criminal defense attorney will want to look into a few things:
- Is the accuser lying about consensual sex: The accuser could be pressing charges in order to avoid damaging their own reputation or to hide their actions from friends and family.
- Divorce and Child Custody Disputes: In order to gain custody of a child, a parent may claim sexual abuse that will cloud people’s perceptions of the other parent.
- Financial Advantage: An accuser may want to file charges against the defendant in order to extort money from them.
Show Lack of Credibility
When children are the victim of sexual abuse, parents, teachers, police, or even therapists may ask leading questions. Whether the questioner was aware that the questioning could be problematic or not, it could cause the child to create false memories and give statements about an event or action that never occurred, or relay false details about the event. A criminal defense attorney will want to review the testimony that was made prior to a trial to look for any inconsistencies.
Suppression of Evidence
Finding evidence that will support the defense as well as suppressing evidence that could be detrimental to the defense are both strategies used by criminal defense attorneys. Any evidence, such as photographs or computer files that were obtained illegally, cannot be used against the defendant. While there are only a few situations in which evidence can be suppressed in a sexual abuse case, it is a defense strategy that should be considered.
An experienced criminal defense attorney in New York, like Lisa Pelosi, will be able to fight for your case and implement these defense methods. Learn more about sexual assault crimes here and get in touch with us today. When your life and reputation are on the line, you need a professional and reliable attorney.
