Sex Crimes
Being accused of a sex crime is very serious, for a few reasons. From a purely legal prospective, most sex crimes carry hefty penalties if convicted. Some of them carry sentences including life, with a minimum of 25 years in prison. Even ones with lower minimum penalties usually involve prison if convicted, and parole doesn’t tend to do them any favors.
Practically, sex crimes are difficult cases. Prosecutors don’t tend to spend much time critically thinking, and will often believe an alleged victim even if the evidence is contradictory. Additionally, prosecutors may be receiving pressure from their bosses and the public, and thus be unwilling to do the right thing. Sex crime cases are not pleasant to sit on as a juror, and many juries are sympathetic to the alleged victim; sometimes the presumption of innocence isn’t enough, or isn’t properly considered.
Lastly, even being accused of a sex crime can have an irreparable impact on your life. Family, friends, and co-workers may shun or abandon you, regardless of the weakness of such an allegation. Many people charged with sex crimes spend lengthy times in custody before they are able to refute the allegation at trial. This means losing your job and, potentially, your house and belongings, just because of an allegation.
All of these factors taken together require a uniquely aggressive approach to sex crime cases. It is essential that you hire a skilled and experienced criminal defense lawyer as quickly as possible, even if it’s not me. It is possible to cut off cases in their earliest stages with swift action, before the momentum gathers. However, even if charges are brought, the strategy is the same; aggressive presentation of the defense, and a strong theory of the accused’s innocence.
Depending on the charges, there are a variety of defenses to explore and implement when accused of a sex crime.
Consent - the accused was given consent, or reasonably thought they had consent for the conduct
Identity - someone else did it, and the accused has been misidentified
Untruthfulness - the alleged victim is lying for some reason
Thayer has experience handling sex crime cases in the early stages, as well as trying them in front of a jury. He has secured reductions in charges, offers to deviate from minimum punishments, and the occasional acquittal of charges at trial. He understands the severity of sex crime accusations, how they affect the life of the accused, and how to fight them. Things he will diligently explore in defending sex crimes include:
Exploring background and discovering motives for the alleged victim to lie
Intensive fact investigation surrounding the alleged incident
Use of experts to address any scientific evidence involved
Use of experts to challenge credibility of the investigation
Sex crimes that we handle:
Rape / Statutory Rape
Child Molestation / Aggravated Child Molestation
Sodomy / Aggravated Sodomy
Incest
Sexual Battery
Child Porn
Enticing a Child for Indecent Purposes