What Are the Possible Defenses to New York Sex Crimes Charges?
Being accused of any crime can have a dramatic negative impact on your life. In particular, being charged with a sex related crime, true or not, is one of the most life altering. Actually being convicted of a sex related crime can be devastating to your personal and professional life, even if you avoid a prison sentence. If you have been charged with a sex crime in New York you clearly had no control over the accusations made against you; however, you can certainly defend yourself against those accusations. Only an experienced New York criminal defense attorney can review the unique facts and circumstances of your case and provide you with specific advice.
Although each sex crimes case is different and each has it own unique set of facts and circumstances, there are a number of effective and powerful defense strategies that could be used to prevent you from being convicted of a sex crime.
- Complete innocence – this defense says that you weren't there or never had any type of sexual contact with the alleged victim. This is typically applicable when the alleged victim did not know the perpetrator prior to the offense taking place. You might, for example, have an alibi for the time in question that can exonerate you. You might also be able to create doubt about the alleged victim's identification of you in a photo array or lineup. Finally, DNA evidence could also prove that you were not the perpetrator.
- Consent – in many sex crimes, consent of the victim is a viable defense. If you knew the victim prior to the alleged crime you may be able to prove that he/she consented to the sexual conduct, or at least create enough doubt that the conduct was non-consensual to avoid a conviction. Consent is not a defense to sex offenses where the alleged victim is a minor as, by law, a minor cannot legally consent to sex with anyone.
- Insanity/mental incapacity – this could be a complete defense or result in leniency if you can prove that you lacked the mental capacity necessary to understand the criminal nature of your actions. Typically, this is not an easy defense to mount because proof of your mental incapacity will need to be clear and convincing.
- Motivation of the accuser – unfortunately, people often make false accusation of sexual misconduct for personal reasons. For example, an alleged victim may regret having consensual sex so lies and says the sex was not consensual when a spouse or partner finds out about it. Parents embroiled in a nasty custody battle have been known to accuse the other parent of sexual misconduct with the child in order to win the case. Finally, accusing a wealthy individual of a sex crime is often an easy way to extort money from the alleged perpetrator.
- Suppression of evidence – if the police conducted an illegal search, or mishandled or obtained evidence in any improper way, it could be suppressed, or excluded, from trial.
- Taint – this occurs with child witnesses when someone has "tainted" the child's responses to questions.
The key to preventing a conviction for a sex crime is to retain the services of an experienced New York criminal defense attorney. If you have been charged with a sex crime in New York it is imperative that you consult with an experienced sex crimes attorney right away to discuss your legal options and possible defenses.
Please check our representative case page and testimonials & referrals page to see specific information regarding past cases and what our clients and other attorneys have to say about our legal services. Please feel free to contact The Law Offices of Adam Thompson, P.C. for more information about our experience in any sex crimes charges anytime at (212)267-2424.
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