Sexual abuse is any forced sexual activity with a person without their consent. This may occur among boyfriends, friends, spouses, acquaintances. This behavior is prohibited by the law in section 261 of the Penal Code.
Sexual abuse is also when someone, taking advantage of their position of authority or employment rank, social, family or economic status, harasses, chases, or physically or verbally assails another, for sexual purposes. These actions are prohibited by law according to Penal Code Section 243.4.
Allegations of sexual offenses, child abuse and rape are common, but just because an alleged victim says he or she was the victim, does not mean it is true.
DEFENSE STRATEGIES FOR SEX OFFENSE CHARGES
Many people who claim to be victims of a sex crime have reasons not to tell the truth, have prior criminal records that make them less believable, or there are circumstances that make their claims less than credible.
It is always wise to examine closely the witness statements and the background of the complaining witness. There may be a defense built around the lack of credibility of the complaining witness.
Another defense to a sex offense charge may be consent. A person’s willingness to participate in sexual activity can be a complete defense.
Sometimes the alleged victim has made similar claims against others which proved to be untrue. This factor can be used to discredit the witness and throw the case out of court.
Sometimes the alleged victim is just trying to make money based upon the accusation and therefore is less believable. This defense might be called bias or motive to fabricate.
Another example of a defense could be lack of evidence or sufficient proof. Some cases rely on testimony of undercover police officers or secret tape recordings which might show that the accusations are not provable in court. This defense could involve “insufficiency of the evidence.”
Tape recordings and video evidence can also be used to prove the defense of entrapment, meaning that the accused did not initially have the criminal intent to commit a crime.
If you or someone you know has been charged, or is under investigation for any of these actions, call us for a confidential consultation.
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