That the other person’s lying. When it comes to child pornography that it wasn’t their computer, or they didn’t access it at the time the things were downloaded. Consent, in a rape case– she consented or he consented. We’ve handled sex crimes where females were charged with molesting another female or male charged with molesting another male, so it’s not sex specific. Consent is the biggest thing.
Another thing is did they get the confession properly?
More and more they’re trying to use physical evidence such as DNA. The police also try to say physical evidence is consistent with forced sex. That’s bogus science. They might say there’s DNA involved, but DNA isn’t the magic bullet that they think it is. That’s why I’ve undergone hands-on training for DNA by Dr. Greg Hampikian in an actual lab course at Boise State in Idaho.
Is Being Intoxicated or “Under the Influence” Ever a Viable Defense in a Sex Crime Case?
No. People get charged because they’re having sex with people who are under the influence allegedly. That’s another thing where my chemistry background comes in. If they say it’s a blood alcohol issues, typically that the woman had a certain amount of alcohol in her system, so with time, she must have been even drunk or high, I just go after that like crazy, that’s bad science. It is called retrograde extrapolation. All the training I have in DUI and drug cases is useful in defending sex crime cases. We have a case now where the police are alleging that the girl was impaired at the time she was raped. Mr. Jones, another Guru of blood testing says retrograde extrapolation shouldn’t be used.
How Often Do People Retract Allegations of Sexual Abuse?
It’s a smaller percentage, but it happens. I’ve had cases dismissed when the other side backed off in the middle of the case before it went to trial, and I’ve had cases where my clients were investigated, but were never charged.
If Someone Retracts their Allegations, Are Sex Crime Charges Dismissed and Stricken from the Record?
If you’ve been charged, they don’t get off your record unless you file for them to be expunged.
Should Someone Being Investigated for a Sex Crime Call An Attorney or Fully Cooperate with Police?
Call an attorney right away. Anything you say can and will be probably be misinterpreted against you in a court of law. I’ve had cases where the person wouldn’t have been charged if they wouldn’t have admitted they had sex with the other person because the other person’s allegations were so bad, but once you admit to have sex you put yourself in the hot seat. If somebody says they were raped and the man or woman says, “Yes, I had sex with that person,” then it’s up to a jury to figure out. But if there’s a shaky case and you don’t admit doing anything, it makes it much harder to get charged.
I had one of those last year. The man didn’t say anything. The woman waited a year to report it. The police officers never filed the charges. I had another case recently, this was actually a DUI case, and was turned into a DUI case because this girl was in the front seat naked with two men distracting the driver and he wrecked. She started claiming after the accident she may have been assaulted. The state police officer asked if my client will cooperate and say what happened in the car. I said no, so he just got charged with the DUI instead of sex related offenses.
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