Aside from being charged with an actual act of sexual abuse, the implied emotional issues that come from such a charge can bring a pointed response from prosecutors, members of the public and others who follow these types of crimes closely.
Sexual abuse charges stem from any and all kinds of unwanted sexual contact between two people. Every charge of this nature is serious and can bring a long prison term with it. One of the biggest additional implications is that a conviction may also include having to register as a sex offender. A sex offender registry can be a permanent record that can have a negative impact when applying for a job, trying to rent an apartment or any other number of situations.
That’s why it is crucial to hire an experienced sexual abuse defense attorney as soon as you have an indication you could be charged with this type of crime. Mounting arguments in your favor will not be an easy task, but the sooner you retain an attorney, the better your chances are of being found innocent or dealing with lesser charges.
There are a couple of possible defenses an attorney may employ when dealing with your case.
The most basic of these is the claim of innocence. Supporting evidence and a sound alibi can often turn a bad charge into a good defense. Sexual abuse charges can happen in a variety of ways, but one of the most common is when a couple is in the midst of a divorce, and a claim of sexual abuse is made for the purposes of child custody.
Another defense is that sexual abuse was actually a consensual sexual act between two people. It is incumbent on the prosecutor to show that the abuse took place against the will of the victim and that sexual advances were not welcomed. If consent can be proven, then a person may be found innocent of crossing a line.
Although it is used to a lesser degree, sometimes an attorney may be able to claim mental incapacity depending on the laws of the state where the alleged crime took place.
Decker & Jones serves clients in Denver, Golden and communities throughout Jefferson County, Colorado.