Attorney Matthew C. Bangerter North Eastern Ohio

What Are The Possible Defenses That Can Be Used In Sex Crimes?


Let’s look at What are the possible defenses that can be used in sex crimes?

What Sex Crimes Defense is Right for My Case?

Depending on the case, there are certain elements that every crime contains. The prosecution has to prove every element of the case. If they cannot prove something, if they cannot prove identification, prove age, any number of things that could vary from case to case, it could be things that an attorney could defend against. In this article i will tell you in detail that what are the possible defenses that can be used in sex crimes?

Everybody is presumed innocent and the prosecutor has to prove every piece of every crime that they allege and they have to prove beyond a reasonable doubt. If there is an alibi in any case, that can certainly be a defense. If there is DNA evidence that swings in your favor, then that is certainly a defense. If there is potentially another perpetrator, there can be any number of defenses, there can be as many different kinds of defenses as there are cases.

What Happens When The Accuser Decides Not To Press Charges? Are The Charges Automatically Dropped?

Yes, it does happen. It happens in sex offense cases and it also happens in domestic violence cases. Typically, they are not dropped. There are a lot of cases where an alleged victim will recant. They will either say that it did not happen they made it up for whatever reason or they did not make it up but now they do not want to pursue the case.

They may not want the person to suffer. They say maybe they blew it out of proportion, there could be any number of reasons but once the case is in the hands of the police and the prosecutor, it is no longer the alleged victim’s choice, it is up to the prosecutor and the police whether or not to pursue it.

In most cases they do because in some cases, the victim might be threatened or coerced or in some other way convinced to say that they want to drop the charges. These are cases that are not as serious. Obviously, a violent rape, even if an accuser would come back and say that they do not want to press charges. It is highly unlikely that those are going to be dropped in fact, it is pretty much impossible that those will be dropped.

However, in a minor case, such as indecent exposure and the victim says, “Well, let it go.” The prosecutor can certainly take that into account and offer some sort of reduction or plea agreement.

How Often Are Drugs And Alcohol Involved In Sex Crime Cases?

In Ohio, voluntary intoxication is not a defense for the crime, so if you get drunk and commit a crime, then you are still on the hook for the crime. It goes for DUI, violent crimes and it goes for sex crimes as well. It does not help if the defense says that a person had gotten high or drunk and committed a crime.

On the flip side, in rape or sexual battery cases, if the alleged victim is impaired, then that is one possible foundation to support a charge against the defendant because the victim was intoxicated.

Burden Of Proof for the Prosecution in These Cases

As in any criminal case, the prosecutor has to prove the case beyond a reasonable doubt. A judge would say that it is the same kind of certainty that a person would need in the most important of their affairs. They have to be as sure as they would if they were going to choose somebody to marry or invest their nest egg or any other major decision in your life because it will have a major impact on the defendant.

If you need information regarding creating a sex crimes defense, call the law office of Attorney Matthew Bangerter for an initial consultation at (440) 409-7898 or visit our office 4124 Erie Street Willoughby, OH 44094 and get the information and legal answers you’re seeking.

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