Tracy Tiernan - June 11, 2023 - Criminal Defense
Sex-related charges can be among the most difficult and emotionally charged criminal charges to face. If you or someone you know is facing such charges, it is critical to understand that there are various potential ways to defend against them.
Are you facing sex-related charges? Reach out to our Tulsa sex crimes defense lawyer at The Law Office of Tracy Tiernan to evaluate the facts of your case and identify the most effective defense strategy.
Below are some of the possible defenses to sex-related charges, which, when pursued by a skilled lawyer, can help you achieve the best possible outcome in your case.
One of the strongest defenses against sex-related charges is showing that the alleged victim provided consent. Consent is defined as an agreement to engage in sexual activity without any coercion, manipulation, or threat. If you can provide evidence that the activity was consensual, such as text messages, witnesses, or even video or audio recordings, it can provide substantial support to your defense.
There are cases in which the alleged victim may be mistaken about the identity of the accused, or the accused may be falsely identified. In such instances, presenting compelling evidence that you were not present at the scene of the alleged incident or that a third party committed the offense may prove essential in the defense against sex-related charges.
A person who is mentally ill or incapable of understanding what they have done may raise the defense of insanity or mental incapacity. However, these defenses are tricky as they must show that at the time of the offense, the person was unable to distinguish right from wrong or understand the consequences of their actions.
False allegations happen more often than people think. Sometimes, the alleged victim may have a motive to fabricate the story, such as revenge, jealousy, or monetary gain. If their story contains inconsistencies or contradicts the evidence, it can be an indication of a false allegation.
Forensic evidence, such as DNA or fingerprints, can have a significant impact on sex-related charges. However, the defense can contest the validity of the forensic evidence or argue that it does not necessarily prove the accused’s guilt. A skillful defense lawyer can challenge such evidence, including the chain of custody of the samples, the laboratory’s competence, and the technology’s reliability.
The defense of entrapment may be available if law enforcement or someone cooperating with the police caused the accused to commit the offense. In other words, it was the actions of the police that led the accused to commit the crime. Without that intervention, the would-be accused would not have engaged in such behavior, according to Legal Information Institute.
The prosecution must prove every element of the crime, including specific intent and knowledge to complete it. Suppose the prosecution cannot produce sufficient evidence to prove any particular element of the crime. In that case, the defendant may argue that there was no guilt beyond a reasonable doubt.
The defense may introduce evidence that shows the accused’s innocence, such as an alibi for the time and location of the offense, video surveillance footage, or eyewitness testimonies. The evidence must be substantial enough to convince the jury that there is reasonable doubt about the defendant’s guilt.
Sex-related charges are serious and can lead to severe consequences, such as imprisonment, fines, and sex offender registration, among others. If you or someone you know is facing sex-related charges, seeking the advice of a qualified lawyer is critical. Our criminal defense lawyer at The Law Office of Tracy Tiernan can explore the various defense strategies that may apply to your specific case. Call 918-587-7377 to get a free case review.
123.456.7890