Generally speaking, Sex Crimes or Sexual Assault involves some type of sexual contact or touching without consent from the person being touched. This contact can range from grabbing to groping up to the forcing of sexual intercourse (rape). If you have been charged with a sex crime or sexual assault contact a Sexual Assault Defense Lawyers in Boise ID immediately.
Some states refer to sexual assault as Sexual Abuse, Rape, Lewd Conduct, or Sexual Battery. Sexual assault or sex crimes cases are typically classified as a felonies, which are the most serious type of criminal cases.
When it comes to a sex crime or sexual assault charge, pre-trial preparation is very important as the severity of the penalties and the risk exposure depend greatly on the claims of the person who was sexually touched. Keep in mind that it is rare for a sexual assault case to have eyewitnesses and is very often a “he said/she said” type of case. Therefore, such cases require in-depth and thorough investigations.
Credibility is very important and so are expert witnesses. Expert witnesses are usually an important tool that can tip the scales toward the defense. Being accused of a sex crime or sexual assault can negatively affect your life as it can destroy your reputation, personal relationships, and career. If you are convicted of sexual assault, the conviction will follow you for the rest of your life. If you are convicted, you will likely be registered as a lifetime sex offender and face serious criminal penalties that include up to life in prison.
Sex offender registration is usually displayed on free public websites and people will know you as a sex offender throughout your life. Being registered as a sex offender does not always depend on the circumstances or severity of your offense. If you are charged or accused of sexual assault, call the Criminal Defense Attorneys in Boise at the Hooper Law Offices as soon as possible and get a free consultation.
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Sexual Assault Defense
A sexual assault or sex crime case often pits the word of the person accused of the offense against the word of the victim. In some cases, physical evidence is available immediately after the alleged sexual contact. It is important to react to this evidence as soon as possible and have it evaluated in a way that may help your case.
Sexual cases are not like other criminal law cases when it comes to defense as these cases need unique techniques and experience. The criminal defense at Hooper Law Offices fully understands this. That is why we may employ computer forensic examiners, psychologists and private investigators for the best outcome in your case.
Sexual assault trials depend largely on the word of the victim as the victim’s word is the principle evidence. These trials are usually “he said, she said” contests and this makes it important to have a good defense team with the know how and techniques to counter often false allegations. It is important to not only look for an attorney with experience handling sex crimes or sex assault cases. Look for an attorney who is aggressive enough who may help you avoid being registered as a lifetime sex offender and serious criminal penalties.
One strategy used by defense attorneys is to deny that the alleged sexual touching ever happened, or that the defendant is not the one who sexually touched the victim. Forensic evidence such as DNA may be used to support this strategy. Another strategy used by defense attorneys is to try to prove that the sexual touching was consensual.
Since defending these cases requires skilled advocacy, it is necessary to look for an attorney who has experience defending these types of cases. An attorney that will work with psychologists, expert private investigation services and character witnesses to mount an adequate defense. Hooper Law Offices is experienced in these cases. We are aware that sex crimes or sex assault cases are the types of cases, based on the evidence and the way people operate, where it is very possible innocent people end up convicted. Our hearts and souls go into these cases and we fight hard to prevent this from ever happening. We know the ins and outs of these cases and we put up what we believe is the best defense to these charges in the state of Idaho.
Sex-Related Assault Crimes in Idaho
Sex crimes or Sexual Assault is broad and includes a wide range of sexual offenses. Apart from nonconsensual or unwanted physical contact, sexual assault covers those offenses that are not physical including some internet sex crimes. Some of the sexual assault crimes in Idaho include:
- “Statutory” Rape
- Forcible Penetration by Use of Foreign Object
- Video Voyeurism
- Lewd Conduct of a Minor
- Sexual Abuse of a Minor Under the Age of 16
- Sexual Battery of a Minor
- Enticing of Chidren
- Internet sex crimes
The Idaho sexual assault defense lawyers at Hooper Law Offices have extensive research in sex-related assault charges. Our defense team will defend the truth, fight for your rights and try as much as it can to help you win your case.
Idaho’s Rape Laws and Potential Penalties
In Idaho, rape refers to vaginal, anal, or oral penetration with a penis accomplished, generally speaking, without consent. For example, Rape can be conducted by force or violence, or if the victim is incapable of consent due to any cause such as mental illness, mental disability or developmental disability. It can also be conducted by threatening of bodily harm. It does not matter how slight the penetration is. Even a slight penetration is rape. Juveniles and Adults over the age of 18 can be suspects in rape cases. Furthermore, victims of Rape cases include children.
Idaho law states that statutory rape occurs when there is penetration as indicated above; and
- Where the victim is under the age of 16 years of age and an accused who is 18 or over, and
- Where the victim is A 16 or 17-years of age and the perpetrator is three (3) years of age or older
For instance, when a 19-year-old has sex with a 15-year-old, it will be rape. If a relationship between a 21 year old and a 17 year old involves penetration, it will be considered statutory rape. A person found guilty of statutory rape faces a prison sentence ranging from 1 year to life imprisonment.
Lewd Conduct with a Minor Under 16 Years of Age
This refers to the engagement in sexual contact with a minor under 16 years of age that could be considered lewd and lascivious. It essentially involves contact with the victim’s or suspect’s private or intimate parts if it’s for the suspects or victim’s gratification. The contact includes genital-oral, genital-genital and genital-anal. If found guilty of Lewd conduct, a person could be sentenced to life in prison. Idaho Code § 18-1508
Sexual Battery of a 16 or 17-Year-Old Child
Sexual battery involves committing an act of lewd conduct or soliciting a sexual act or causing sexual contact upon or with the body of any 16 or 17 year old when the suspect is 5 years older than the victim. If found guilty of sexual battery, the defendant could get a prison sentence of up to 25 years or life in prison depending on the nature of the Sexual Battery. Idaho Code § 18-1508A.
Sexual Abuse of a Child Under 16 Years of Age
Sexual abuse is when a person aged 18 years or over engages in or solicits sexual contact with a child under 16 years of age. If found guilty of sexual abuse, the defendant would be sentenced to 25 years in prison. Idaho Code § 18-1506
Contact Our Boise Sexual Assault Defense Lawyers Today
Sexual assault or Sex Crimes are always serious offenses. A conviction can ruin your life as it can lead to a lengthy prison sentence and/or a lifetime on the Sex Offender Registry in Boise, ID. That is why it is a good idea to look for a good defense team such as Boise Sexual Assault Lawyers to help you fight these charges in the best way possible.