Sex crimes are a class of criminal felony offenses that are sexually motivated in nature. They are among the most serious types of crimes. A conviction of a sexually motived offense will always result in a sexual offender designation, required mentally disordered sexual offender probation, residency restrictions and either a lengthy prison sentence and/or probationary term. Some of the offenses that fall under sex crimes include:
- Child Pornography
- Child Rape
- Lewd and Lascivious Behavior
- Sexual Battery
- Statutory Rape
Most sexually motivated offenses involve people who know each other. Usually, it is going to be a friend, former significant other or family member that makes an allegation that there were sexually abused or violated. It could be something as shocking as a young child alleging that a family member touched them inappropriately or a love interest or friend claiming that they were intoxicated and don’t remember what happened. A sex crime can be a young person sending half naked pictures to a love interest or an adult downloading and sharing pictures that sexually depict children.
The biggest difficulty in defending a person accused of a sex crime is that prosecutors, judges and juries almost always presume these individuals guilty. Juries are the hardest to convince because jurors always think “why would a person lie about that”.
Well, there are a lot of reasons why a person would lie about being the victim of a sexually motivated crime. It is more common than the general population realizes. The most common reason for a false accusation is revenge. A former partner or jilted lover will alleged a sexual offense in order to get even with the accused individual. It can be a one night stand where one party doesn’t return phone calls or texts, and the other party calling 911 and claiming that there were drugged and raped. The allegations can be familial in nature, such as a child being coached into lying to satisfy the nefarious motives of a former spouse, lover or disgruntled family member. Many people find themselves falsely accused of these crimes every day.
First of all, do not talk to anyone other than your lawyer. If anyone alleges that you or someone close to you was the perpetrator of a sexually motivated offense, call an experience lawyer immediately. Even if it is the weekend, after hours or a holiday, call a lawyer. Most criminal defense attorneys have a 24 hour answering service that will be able to direct your phone call outside of business hours.
Do not text or call the alleged victim. Do use Facebook, Twitter, Instagram, Snapchat or any other form of communication to try to speak with the accuser or their family. If someone contacts you through any social media platform, through text message or by phone asking questions about the allegations, do not respond to them. Do not even respond that you are innocent. Do not under any circumstance confide in anyone before speaking to a lawyer.
If the alleged victim or someone close to them calls you and tries to get you to explain what happened or your recollection of the events, immediately hang out the phone and call your lawyer. It is a common police tactic to use a controlled phone call with the alleged victim, or their family or friends, to initiate a phone call to the accused. That phone call is always being recorded and it designed to get the accused person to incriminate themselves. And the scary part is that even though the police are listening in, recording the conversation and usually directing the caller what to say, anything the accused individual says on that phone call can be introduced as evidence of guilt even though the accused was never read their Miranda rights. Don’t face a sex crime alone. Call an experienced lawyer like Brian Kirlew, Esq. to protect your legal rights.
Contact Brian Kirlew, Esq. at 305-521-0484 today.