Our law firm has defended numerous clients who have been charged with sex crimes. While these laws have been in place for quite some times, these cases are occurring in greater numbers, and given the strength of the current #MeToo movement, they are taken increasingly seriously. If you or a loved one is charged with a sex crime in the state of Massachusetts, it is a wise idea to speak with an experienced criminal defense attorney who understands the various defenses that can be raised in these cases.
Defense # 1: Innocence
If a person absolutely did not commit the sexual offense in question, the defense will likely involve arguing that the defendant is innocent. These defenses most often involve proving that a person was in another location at the time that the offense occurred. Some of the evidence that is used to prove this point includes financial statements, pictures, and surveillance footage. Sometimes, these defenses are based on establishing that the victim misidentified the person being charged as the perpetrator of the crime.
Defense # 2: The Victim Consented
These defenses involve establishing that the sexual offense in question occurred after the alleged victim provided consent. Establishing consent, however, is often difficult because these cases frequently depend on “he said, she said” arguments rather than any type of evidence. It is also important to note that if the victim was underage, consent is unable to be used as a defense.
Defense # 3: Mental Incapacitation
If the person being charged with the offense has a mental health issue that prevents him or her from appreciating the nature of the act, a defense involving mental incapacity can often be made. Medical professionals are often required in these situations to establish that a person is mentally incapacitated.
Defense # 4: False Memory Syndrome
False memory syndrome occurs when a person is unable to remember the details about a traumatic event. Establishing that a memory is false can be challenging. Either evidence or eyewitnesses must be presented to show that a person’s memory does not conform to the facts of the case.
Defense # 5: Challenging the Forensic Evidence Presented
Prosecution will often rely on DNA samples from the victim as well as the person charged with the crime. Any defects in this material can be used as part of a movement for suppressing this evidence. If enough evidence can be weakened, it is sometimes possible to establish that prosecution has failed to even prove that the event occurred.
Defense # 6: Motivations by the Accuser
In some sex offense cases, the person who alleged that a crime occurred might have a personal motive to make accusations against the party being charged. Sometimes, it is possible to introduce evidence to establishe an improper relationship between the two individuals.
Speak with a Seasoned Criminal Defense Attorney
If you or a loved one faces charges relating to a sexual offense, contact an experienced criminal defense attorney. Speak Edward R. Molari, Attorney at Law today to schedule an initial free consultation during which time we will review the various available legal strategies and defenses for your case.