Sex crimes in Arizona are often characterized by inappropriate, non-consensual sexual conduct. They include a wide range of offenses like statutory rape, sexual assault, indecent exposure, luring, and prostitution. For some such as child molestation, consent is presumed to be lacking.
Sex crimes are serious offenses in Arizona and they carry lengthy prison terms. However, being charged with a sex crime does not necessarily mean you actually committed the offense and it also does not mean you will go to jail. With an experienced Arizona sex crimes criminal defense attorney on your side, you can beat these charges. Reach out to one as soon as you are charged with a sex crime. Your freedom might just depend on it.
Defending against Sex Crimes in Arizona
First of all, not all people accused of sex crimes actually perpetrated the offenses. There are instances where innocent people have been falsely accused of perpetrating sex crimes. In fact, it is not an uncommon occurrence in Arizona.
A typical example of false allegations involves a teen, either a boy or girl, falsely accusing a parent or guardian of sexual molestation. Minors do this out of pure contempt or simply to please the other parent. Another example is in a divorce proceeding where custody is being decided. One parent may accuse the other of sexual assault to gain an unfair advantage in the custody proceedings.
Often, the victims of these false allegations are caught unawares and because there are almost always no witnesses in such cases, the charges usually boil down to one person’s statement against the other. If the accuser provides graphic details or puts on a theatrical display in court, the defendant may be in a precarious position.
Thankfully, there are ways of reducing or beating sex crime charges altogether, including those that are false. In many cases, through careful execution of an appropriate defense strategy, defendants can reduce their chances of long prison sentences.
Defending against Sex Crime Charges
If you have been arrested and charged with a sex crime in Arizona, here are the two most important things to remember:
- You have a right to say nothing.
- You have the right to an attorney.
Often, authorities use unscrupulous tactics to get defendants to admit to sex crimes or say incriminating things on record without their full understanding of the consequences. They may even use the accuser as bait to trap the defendant. Do not say anything to authorities without first speaking to your lawyer.
Your lawyer will help you pursue an appropriate defense against your charges. Defenses to sex crimes include:
You tell the court that you are innocent and even present evidence to corroborate your story. You can prove that you were in another location when the alleged offense occurred or that the perpetrator was misidentified. You can even table DNA evidence to prove you did not have sexual relations with the accuser or that you were not the perpetrator.
You can prove that the sexual act was performed with the accuser’s consent. One of the prerequisites for sex crimes is that the act was performed without the other person’s consent. Therefore, if a defendant can prove that the accuser consented to the sexual act, this will negate the charges.
An experienced sex crimes lawyer will also help you reduce or avoid conviction by attacking the prosecution’s case on its demerits. For example, a lawyer can:
- Challenge irregularly acquired or sourced evidence brought by the prosecution in court
- Investigate police procedures to ensure proper investigation protocols were followed
- Analyze witness statements to ensure police read out your Miranda rights on arrest and did not use coercive or exploitative tactics to get you to involuntarily incriminate yourself
- Use forensic blood and semen examinations or polygraphs to prove you did not commit the crime.
If you have been charged with a sex crime, call us today to schedule your free, confidential legal consultation with a criminal defense attorney.