Sexual assault has long-lasting effects on the life of a victim. It has long-reaching negative effects on the person accused of the sexual assault. If and when you have been accused of such a horrifying crime, you will need a sexual assault defense attorney. If you aren’t sure you need an attorney, there are at least eight signs attesting to one’s need for defense.
1. You Have an Alibi, but It Isn’t Great
The date and time that the supposed sexual assault occurred rules you out because you know exactly where you were. The trouble is, your alibi isn’t great. Going home and falling asleep in your chair after work or being out with friends and then going home alone is hardly a great alibi. When this is the truth, and almost no one can verify it for you, you will need your attorney’s help proving you couldn’t have been where the victim said you were.
2. You Can’t Account for Your Whereabouts
Any number of things could have occurred when the victim says the assault happened. If you can’t account for your whereabouts because you simply don’t remember, or the police who interrogated you insist that you need to remember things the way they think they happened, puts you in jeopardy of being convicted. Coerced after hours of interrogation can lead you to believe you did something that you did not do because you can’t remember what you did. You need a lawyer.
3. There’s a Case of Mistaken Identity
If you have a face that is frequently mistaken for someone else’s, it’s highly possible that the victim could be mistaking you for his or her attacker. In a lineup, you might look just like anyone else in the lineup, leading a victim to become confused and unsure if it was you or the person three spots down from you. A false identification from the victim shouldn’t ruin the rest of your life, but your attorney can straighten that out quickly.
4. It’s Unclear if It Was You or a Sibling
It’s the stuff of TV dramas, but if the DNA recovered from a rape kit doesn’t match you perfectly or is incomplete, it might not be you. Identical twin DNA is exactly the same, while sibling DNA shares a lot of common markers. If DNA was not recovered or DNA was too incomplete to get a perfect DNA profile, the case against you could be tossed out.
5. A False Accusation Was Made With Intent to Harm
It’s sad that some people use sexual assault accusations as a means to cause harm to others. It demeans the act of protecting real victims of sexual assault and bringing the real criminals to justice. Yet, there is a lot of people out there who want attention and want to cause innocent people harm by accusing innocent people of this awful crime. When you know it’s completely false, the only way you can escape this nightmare is with effective legal counsel.
6. A False Accusation Was Made With Intent to Gain
Wealthy individuals are frequently the target of false sexual assault claims with intent of extracting millions of dollars from the accused. If this appears to be the case with you, and you are sure that the alleged victim is just looking for a payday, hire a really good defense attorney to prove it. Cases of this sort, unfortunately, can be brought against wealthy persons even decades after the alleged assault in the hopes of defaming the accused and gaining a large sum of money. When the accused isn’t guilty, they suffer a lot at the hands of the alleged victim trying to prove the truth.
7. You Were Committing a Different Crime at the Time
Engaging in anything illegal other than what you have been accused of is a sticky situation. If you admit that you were busy partaking in illegal drugs or trolling for a sex worker, for example, it makes the situation worse because you have to decide whether to disclose the actual crime you were committing at the time of the assault or let it go and be convicted of the assault. The latter is typically far worse, but facing jail time and fines for doing something other than sexual assault doesn’t make it any easier. You don’t want to hang yourself in court, so you need an attorney to argue you out of this situation.
8. Sex Did Occur, but You Thought the Other Party Consented
Having sex with someone often results in mixed messages. If you thoroughly believe that the other person consented but are suddenly faced with a sexual assault charge, your lawyer has to help you navigate this. There may be a lot of reasons why you are now accused of assault when you originally thought that it was consensual.