A person accused of a sexual offense needs to know what he or she is looking at. There are mandatory sentences for certain offenses, as much as 25 years or life in prison. In addition merely being accused and arrested can ruin a reputation, can derail a career and a life. Most people may not realize they can’t rebut charges by calling a parade of witnesses to come to court and testify “the alleged victim is lying”. Neither can an accused person call witnesses in his or her favor to testify “ the accused would never do that type of thing. He’s(she’s) not that type of person”. Instead , to meet these charges an indirect approach must be taken.
For example, if it’s a child the State is alleging was victimized, the courts have ruled that an accused can attack the interviewing techniques brought to bear upon the alleged child victim. Specifically, if a defense psychological expert can testify that the techniques used to elicit the child’s accusations are “unduly suggestive” or somehow improper, then that is a defense that an accused person could place before the jury. Sometimes it can mean the difference between a Guilty verdict and a Not Guilty verdict. It’s definitely something to look into when trying to decide how exactly to meet the child’s accusations in court. Because let’s be honest: when it gets to court, it is not just the child who is accusing the defendant on trial. It is oftentimes a host of adult witnesses who have spoken with the child and who claim that the child made an “outcry” to them (ie, to the adult witness bolstering the child’s testimony, whom the prosecutor has called to testify).
If it’s a rape case, then perhaps the average person , the layman, might believe that the alleged victim can be attacked for her prior promiscuity with other men. If you believe that, then you are mistaken. Georgia has “Rape shield” laws- as a general proposition a defense attorney cannot go into the previous sexual promiscuity of the alleged victim, in the presence of the jury. The courts have held that the main relevant consideration is the interaction between the alleged victim and the accused, not her behavior with other men on previous occasions. It is essential to know the rules of engagement going in, rather than be instructed by the Judge on the day of trial.
If you have been charged with a sex crime, time is of the essence – call us at (404) 642-7350 today!
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