There are a few crimes as devastating as being accused of a sexual offense. Simply being accused is life-changing and can lead to lengthy incarceration, mandatory registration on a sexual offender’s list, and a lifetime black mark on your reputation in the community.
If you were accused of a sexual offense, do not speak with the police under any circumstances without an attorney present. If you are contacted by the police, you should speak with an attorney first before agreeing to talk to the police. There are some situations where you will not want to speak with the police which you will not be aware of if you do not retain an attorney to protect your rights.
I have represented clients in many types of sex crimes, and by the time they came to me for advice, they already confessed to their crime. In these situations, finding a defense can be difficult if the police obtained a confession. When an individual accused of a sex crime is speaking with the police, he does not know what evidence the police have against him. The police are not required to tell the accused what evidence they have, and nothing prohibits a police officer lying to an accused in order to obtain a confession.
There have been situations where individuals have retained me before speaking to police and I have had cases where we were able to speak with the officer and talk him out of charging the client. I had a potential rape case where it was alleged my client forced the other individual to have sexual intercourse. My client's position was that it was consensual and he was in possession of evidence which proved his contention. We were able to meet with the police and after interviewing my client and reviewing our evidence, the police officer made the decision not to charge my client. Had he spoken with the police without an attorney, he may have been formally charged with Rape and may have had to defend himself against an embarrassing and costly Rape trial.
The most common sex offenses areRape
Rape occurs if sexual intercourse is performed through force, or through the threat of force. It also occurs if nonconsensual intercourse occurs when the victim is unconscious or impaired. It is a first-degree felony which is the most serious offense and can carry with it years of incarceration and a lifetime of sexual offender registration.Indecent Assault
Indecent assault involves having indecent contact with a victim and can occur by force, threat of force or when the victim is impaired or unconscious. This crime usually occurs when someone touches the genitals or other sexual area of another without their consent. It can be charged as a Misdemeanor or a Felony depending on the alleged conduct.Child Pornography
This offense is a felony and occurs if one intentionally possesses images that depict a minor engaging in a sex act. If you distribute these images (usually involving a file share service over the internet) then you could also be charged with Dissemination of Child Pornography. Such a charge can have a devastating effect on your life and could lead to jail time, loss of employment, sexual offended registration and other negative consequences on your life.Unlawful Contact with a Minor
This crime is a felony of the third degree and involves contacting a minor with the purpose of engaging in a sex act. This crime usually occurs in chat rooms over the internet and is frequently the subject of sting operations involving a police officer acting as a minor over the internet.Indecent Exposure
This crime occurs when someone exposes their genitals in public where you can be seen. It is a misdemeanor of the 2nd degree and frequently occurs when someone urinates in public or “flashes” another individual.Open Lewdness
This crime occurs if you conduct a lewd act that can be viewed by the public such as performing a sex act where it can be seen by members of the public.
No matter what sex crime you have been charged with, do not speak with the police but instead you should immediately contact an experienced, local defense attorney to assist you. Call the attorneys at Ellis B. Klein & Associates immediately for a free consultation. We gladly talk to potential clients over the phone, or in person if you prefer, for free. We would be happy to answer all of your questions and guide you in the right direction so you can make an informed decision about choosing a defense attorney who is right for you. Call us at 800-536-0501 immediately for a free consultation.