Any criminal charge can be traumatic, but sexual crimes carry a particularly harsh social stigma. A competent attorney familiar with the nuances of these situations is necessary to defend against claims of sex crime successfully. A skilled sex crime defense attorney can argue that the accuser was motivated by an illicit motive. Another common defense argument is that the evidence was illegally obtained.
Sexual Intercourse with a Minor
The age at which a person is legally allowed to consent to sex varies by state. Most states set this age at 16, but some have higher or lower thresholds. Sexual behavior with a person who isn’t old enough to agree is prohibited, and laws against it typically carry heavier punishments than those for other sex crimes.
Statutory rape laws, for example, make it illegal to touch a minor’s genital opening or anal area without their consent if the defendant is over 16. Most states have criminal codes that include prohibitions against illicit sexual intercourse, which are usually actions that are akin to statutory rape statutes.
Omaha has one of the highest rates of crime in the country when compared to all communities, regardless of size, from the smallest towns to the largest cities, with 34 crimes committed per 1,000 persons. Rape rates in Omaha are 3% higher than the state’s average. Rape rates in Omaha are 15% higher than national averages. This Omaha sex crimes lawyer tells us that to protect our rights and prevent aggressive police and prosecutor interrogations, hiring the right lawyer is essential.
Indecent Exposure
When a person is accused of indecent exposure, they face serious charges. A sex crime lawyer can fight to have the charges dropped or reduced. They will search every detail of the case to find weaknesses in the prosecution’s case.
Indecent exposure cases often involve people who cannot provide consent for sexual contact, such as someone under 17, someone who is mentally incapacitated, or somebody with a physical limitation (like a comatose state). The defense for this type of case may include misidentification, addressing false reports or false allegations, alibi, and other ways of showing innocence.
Sexual Battery
Sexual battery is a crime that can be committed in many different ways. It involves touching a person’s intimate parts without consent for sexual gratification or arousal. According to the situation, sexual battery can be either a misdemeanor or a felony.
Every state has a definition of consent, including that the victim must be mentally and physically capable of agreeing. Many situations could render a victim incapacitated and unable to consent, including being under the influence of alcohol or drugs, unconsciousness, and mental health disorders.
A criminal defense lawyer may attempt to get sexual battery charges dropped entirely or lessened, depending on the situation. Convictions can result in prison time and treatment as a sex offender.
Sexual Assault
Sexual assault is one of the most serious sex crimes and often has life-altering effects for victims. The stigma attached to this conviction can ruin a person’s reputation, impact their ability to earn a living and limit where they can live. In addition to assault, sex crime lawyers also handle cases involving criminal sexual contact, lewdness, and the sexual abuse of minors.
Sexual abuse of children can involve unwanted touching, making a child look at private parts or rape. Most states recognize that children cannot consent and have laws to protect them. These cases frequently require expert testimony and may need a lawyer to take witness depositions. These are sworn statements from witnesses or experts under oath. They provide valuable information to strengthen a defense case before the trial begins.
Sexual Harassment
If you’ve been accused of sexual harassment, a sex crime attorney may be able to help. This type of offense can include unwanted touching or leering, sexually explicit messages, emails, or phone calls, requests for sexual favors, or intrusive questions about a person’s private or sex life. Sexual harassment can be a criminal or civil offense.
Criminal cases are typically based on state laws, but some may be categorized as federal crimes because they cross state lines or involve multiple states. Federal sex crime charges are often serious and carry long sentences and fines. Defendants in sex crimes cases can usually take depositions and obtain sworn testimony from witnesses under oath. A criminal attorney can use this evidence to build a strong defense.
