Common Defenses Against Idaho Sex Crimes Charges

Under Idaho laws, sex crimes such as statutory rape, molestation, and sex trafficking carry harsh penalties. If you are convicted of such a crime, the police and the court will typically think of you as a guilty person unless you can prove otherwise. This is why you need the help of an experienced Boise sex crimes attorney if you are charged with the crime in Boise, Idaho.

Before charges related to sex crimes lead to a formal trial, the prosecution in the case must be able to show that it has sufficient evidence to support the charges. At this stage, it is possible to counter the prosecution and show that the charges are not supported by any substantial evidence.

When facing allegations of a sex crime, it is important to know how you can defend yourself properly. The ultimate outcome of the charge against you depends on the robustness and effectiveness of your defense. Here are some common lines of defense used in sex crimes.

Consent

The issue of sexual consent is often at the heart of many sex crimes. It can also be complicated as can be seen in Idaho consent laws. One participant in a sexual act may believe that the other has consented to the act. The other may later allege that explicit consent was not provided. This can be due to a feeling of guilty experienced by the plaintiff, or due to a sense of fear or neglect.

In such situations, it is possible to show that consent was involved in the act, so no crime was committed. This can be particularly demonstrated if it can be shown that no threats, violence, or use of force were involved.

Mistaken Identity

It is sometimes possible for one of the parties in a sexual act to deliberately or unknowingly misidentify the alleged perpetrator of the act. In situations like these, a good lawyer can help you defend yourself against the charges by proving your alibi. This involves showing that you were not at the specific place at the claimed time when the crime allegedly took place. You can also produce witnesses, CCTV footage, or other evidence to back up your alibi.

Good Previous Record

If you don’t have any criminal history, with a proven record of good conduct, this can be used as a strong line of defense against charges of sex crimes. At the same time, if the plaintiff in a case like this is found lying, has a history of making false allegations, or has any criminal history, these can be cited as evidence that the plaintiff can’t be trusted.

Mistaken Forensic Results

Forensic testing is frequently used in sex crime cases to ascertain the involvement of a particular party. However, it is possible for forensic testing methods to return inaccurate results. By reviewing the methods and results, it is possible for a defense lawyer to show that the results are faulty and unreliable. If the testing methods are not conducted properly, the results can be discarded before they are presented before a jury.

Bias of the Prosecution

When you are charged with a sex crime, you may see that the prosecution, police, and witnesses start to treat you as a guilty person even before the charges are proved. This can bring in bias which adversely affects your ability to defend yourself. For instance, the prosecution may use details from your past which are not relevant but which may bias a jury against you. When this happens, a defense lawyer will use the prosecution of the bias as a defense to have certain pieces of evidence against you discarded.

With the right line of defense, it is possible to have the charges against you dropped altogether or reduced so that you have to face much lesser penalties. More importantly, it gives you a chance to redeem your tarnished reputation and have your image restored in the eyes of family, friends, and colleagues.

Hiring a Reliable Boise Sex Crimes Attorney

If you have been charged with a sex crime in Boise, Idaho, we can help you. Here at Hooper Law Offices, we take a robust and proactive approach towards sex crimes cases. This is because we believe that everyone has a right to defend themselves and that everyone is innocent until proven guilty.

Our lawyers closely review sex crimes cases to determine which line of defense can be most effectively used. We also scrutinize witnesses, forensic results, search warrants, and other evidence to look for ways to have your sentence reduced. Call us today to discuss your case with our experienced attorneys.

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