What Are Some Of The Most Common Reasons That You Find Or See False Sexual Assault Charges Are Made?
Typically, the most common time that false accusations are made is during a when a divorce proceeding and/or a child custody proceeding.
What Type Of Evidence Could Help The Defense In A Sex Crime Case That I’m Facing In California?
There are potentially many areas to uncover helpful evidence. Social media material of the accuser and any other witnesses. You want to know about past relevant conduct and whether they spoke about this incident in public posts or amongst each other. Two, the defense should attempt to obtain the cellphone contents, including text messages, emails, and direct messages between the witnesses and the accuser. Sometimes, the metadata on the cellphone is helpful to know where the accuser was at certain points and whether it matches up with their story or goes or against their credibility.
Drug and alcohol use of the accuser and any witnesses, either in the past or on the day or night of the incident, can be relevant, as well as school and education records, especially if the accuser is a juvenile. The criminal history of the accuser and any witnesses are important, as well as civil court filings and family law filings. Character witnesses that support your client and alibi material for your client are essential.
What Is The Statute Of Limitations On A Sex Crime Charge In California?
The California legislature has made some amendments to the statute of limitations on sex crimes recently. Your best bet is to consult with an experienced attorney on this topic who can offer current and up to date status on this issue.
How Often Do You See Cases Where The Accuser No Longer Wants To Press Charges Or Changes The Story? Does That Automatically Mean The Charges Will Be Dropped?
The prosecutor may very well decide to go forward with the prosecution despite the accuser not wanting to press charges or even cooperate. If there is physical evidence, a third-party that can establish it, or there is an admission or confession, the prosecutor may very well still prosecute the case. There are many reasons for an accuser not wanting to go forward with the case that do not relate to factual guilt. They may be financially or economically dependent on the accused. They may be facing embarrassment or shame, or have been manipulated or intimidated into not testifying. Charges will not be dropped automatically.
How Does A Defense Change When Drugs And Alcohol Were Involved In Alleged Sexual Offense?
Drugs and alcohol being involved with sexual allegations is very common, and it can affect the case in many ways. On one level, it plays into the ability to consent and the credibility of the accused, the accuser, and any witnesses. It will also affect memory. It is important to attempt to obtain the toxicology report of the accuser and the accused.
Rape by intoxication and rape of an unconscious person charges in California have become more prevalent in the media and we have seen a lot more of these charges being filed. These are felonies and they are not probation-eligible. If you are convicted, you will go to prison and become a sexual offense registrant for life.
How Much Does The Forensic Evidence Play Into Sexual Assault Cases?
Forensic evidence is very common in sexual assault cases. The common types of forensic evidence, include: DNA, sexual assault examinations, forensic toxicology reports, and cellphone extraction.
Additionally, the defense may need to consider expert consultation and testimony on/by: false confession experts, experts in family dynamics, false child memory, and parental alienation syndromes involved.
I’ve Been Wrongly Accused By A Child Of Sex Abuse, How Should My Defense Attorney Handle Discrediting This Witness And The Claims Without Hurting The Accuser?
In the case of a wrongful accusation, the defense will need to build up impeachment material that focuses on the complaining witness and other witnesses if relevant. The defense would want to consider locating materials such as family law filings, other relevant civil case filings, social media posts, and the interview of witnesses to demonstrate that the bias and false accusations might have started with another family member. It is always important to try to get accounts of the first disclosure by the victim: who is it made to, when, how, and the exact words. Was the accuser in trouble at the time? Did they have something to gain? Did the close family member who put it into their brain have something to gain?
I’m Going Through A Divorce And My Spouse Is Making False Accusations That I’ve Abused Her Children. Will The Prosecutor Take Any Of This Into Account When Deciding Whether Or Not To Press Charges?
We would like to believe that prosecutors will act ethically and require independent extrinsic proof of any sexual abuse, above and beyond the mere accusation, especially in a divorce situation. It is still a good idea to maintain and preserve as much potentially exonerating evidence in your favor as possible, so that you have something to provide to a defense attorney, who can then provide it to the prosecutor.
For more information on Sex Charges, an immediate case consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 484-0906 today.