Fighting Sex Crimes Charges: Common Defenses and Strategies for Winning Your Case
Do not Consent to any Interviews with Law Enforcement or Department of Child and Family Services (DCFS)Often in sex crimes cases, the majority of the evidence in the case consists of the alleged victim's statements and the accused's statements (if any are made). Contrary to popular belief, many child molestation and/or rape cases do not have DNA or medical evidence that can be analyzed. Although your instinct, as the accused may be to "clear your name" by agreeing to an interview, neither law enforcement nor DCFS, nor any other county agency is on your side when sex crimes allegations are being investigated. Furthermore, even the most innocent statement on your part can be manipulated by law enforcement to appear to be admissions of guilt. Therefore, the bottom line is: politely decline to answer any questions regarding the alleged sex crimes without an attorney present.
Investigate the Background of the Accuser and the Accuser's FamilyWhile there is no common defense to every type of sex crimes case, an obvious place to start is with the background of the accuser him or herself. With a child alleged victim it is important to know if this child has made sexual accusations against other people in the past, whether he or she has a difficult home life (physical or sexual abuse, truancy at school, divorced parents) and whether he or she has any history of psychological or emotional problems. It is also crucial to examine whether there is a motive to lie for either the accuser or his or her family members: is there a pending divorce, custody battle, bad break-up or bad family blood. Sometimes these type of defenses are obvious but sometimes it requires the work of a diligent private investigator working in conjunction with a skilled defense attorney to uncover credibility issues with the alleged victim. The bottom line is if you are able to discredit the alleged victim, then you may be able to discredit the entire case.
Consider Hiring a Forensic Psychologist/Psychiatrist to Conduct a Confidential EvaluationEven if you are dead set on fighting the sex crimes allegations all the way to trial, it is important to consider hiring a forensic psychiatrist/psychologist to conduct a confidential evaluation on you. A competent and knowledgeable psychologist/psychiatrist will be able to conduct a psycho-sexual evaluation on you that will demonstrate that you do not fit the criteria of a pedophile, do not pose a high risk for recidivism, and do not display any of the symptoms of a sexual predator. Furthermore, based on the evaluation, this expert can then provide you with a confidential, written evaluation which can potentially be used at trial (if you call the expert to testify) or may be used in negotiation for a reduction or dismissal of the charges. Hiring a forensic psychiatrist/psychologist is also an extremely important consideration because for many types of sex crimes charges, you are statutorily ineligible for probation without a favorable psychiatric/psychological recommendation.