Sexual offenses include?
What is the process in a prosecution for a sexual offense?
A prosecution for a sexual offense usually occurs after someone has made an allegation to law enforcement. Once a sexual offense is reported to law enforcement, they begin to investigate the case to determine whether or not there is probable cause to make an arrest. This investigation may include examining physical evidence, speaking to the victim or other witnesses, and an attempt to speak with the suspect. If law enforcement has determined that there is probable cause to believe the the alleged sexual offense has been committed, the suspect will likely be arrested.
What should I do if law enforcement suspects that I have committed a sexual offense, and wants to speak with me?
Invoke your 5th Amendment right to remain silent and DO NOT SPEAK WITH LAW ENFORCEMENT without speaking with an experienced criminal attorney.
What happens after I am arrested?
Following the arrest, all investigative reports and evidence will be provided to the State Attorney’s Office who will make a review of the reports and evidence to determine whether or not to file formal charges (called an information or indictment), and what charges are appropriate under the circumstances.
How do I prove my innocence when the allegations are completely false?
The devastating effects of being charged with a sexual offense can seem even more devastating to the person charged because many sexual offense charges are based on false allegations. Although prosecutors should work diligently to weed out charges which are based or seemed to be based on false allegations, they often times do not. Due to the public’s perception of sexual crimes, along with other factors, a prosecutor will often have a “full steam ahead” attitude. This type of attitude can lead to the aggressive prosecution of sexual offenses without the prosecutor having properly investigated the truth of the underlying allegations. The good news is that an experienced and aggressive criminal defense attorney can often times uncover the truth through meeting with the client, examining reports and witness/victim statements, taking depositions and otherwise putting together the pieces of the puzzle that law enforcement or the State Attorney’s Office has refused to do.
How will my case end?
When the proper examination and investigation is completed and the pieces of the puzzle have been put together, there can be three results:
Depending on the circumstances of the individual case, it could be months or even years before the case is resolved.
Do I need to hire a lawyer?
If you or someone you care about is being investigated, has been arrested or has been charged with committing a sexual offense, it is important to speak to a criminal defense trial attorney who has experience in handling cases involving alleged sex crimes. Employing an experienced criminal trial attorney can assist a person in avoiding a sex crime conviction and the stigma and penalties associated.