Defenses to Sex Crimes

The second you learn that you’re being charged with a sex crime, everything changes. It’s not just the possibility of losing your job or going to jail. Suddenly, it seems that even those who are closest to you look at your differently. However, as serious as these crimes are, the prosecution still needs to prove their case beyond a reasonable doubt—if they can. At the Olsinski Law Firm, PLLC, our seasoned criminal defense attorneys aggressively defend clients facing all types of sex crimes. We are familiar with all the defenses to sex crimes and will work closely with you to develop a strong and comprehensive defense to whatever charges you face.

When talking about sex offenses, it’s easy to forget that, in some very important ways, these crimes are no different than any other. Regardless of the offense, the burden is always on the prosecution to prove its case beyond a reasonable doubt. Thus, one of the most common defenses in a sex crimes case is challenging the sufficiency of the government’s evidence.

Sex crimes, in particular, often proceed on thin evidence. For example, it is common for a district attorney to bring a case with no physical evidence that is based only on the alleged victim’s testimony. While a single witness’s testimony can be enough to sustain a guilty verdict, that is only the case where their testimony is believable.

There are a few ways a skilled criminal defense attorney can challenge a witness’s credibility.

Especially in sex crime cases involving domestic violence, one of the best ways to challenge a witness’s testimony is to explain to the jury why they could have made up the allegations. For example, is the victim trying to get revenge for something you did to upset them or do they have something to gain by making these allegations? Often, a skilled criminal defense attorney can look for inconsistencies in a witness’s statement to illustrate that their story is not credible and may have been exaggerated or completely fabricated.

Consent is not a defense to all sex crimes, especially sex offenses involving minors. However, for certain sex crimes, proving that the alleged victim consented to the encounter is a valid defense. This includes offenses such as rape and sexual battery. Again, it is possible to prove consent even if the alleged victim denies they consented to the sexual encounter.

In some cases, the government presents DNA evidence connecting a defendant to the crime. However, the absence of DNA evidence can be a strong indication that a defendant was not involved. Jurors expect scientific evidence, and when the government doesn’t have it, it can cause jurors to question the whole case.

In addition to these defenses, a dedicated sex crimes defense lawyer may also be able to keep unfavorable evidence out of the trial. For example, if detectives took a statement from you without reading your Miranda rights, or if police officers found evidence after conducting an illegal search, a motion to suppress can prevent the government from using that evidence at trial.

If you or a loved one are facing sex crime allegations, reach out to the Olsinski Law Firm, PLLC, for immediate assistance. Our veteran Charlotte criminal defense lawyers have decades of experience successfully representing clients in a wide range of sex crime cases. From the moment you bring us onto your team, we will fight for you every step of the way. To learn more, and to schedule a free consultation with a Charlotte sex crimes lawyer, give us a call at 704-405-2580. You can also reach our Concord criminal defense lawyers at 704-918-4747.