If you’ve been accused of sexual misconduct, you must immediately speak with an attorney. All sex crimes must be investigated by law enforcement and the prosecution, so it’s important to talk to a sex crimes lawyer before the investigation is complete. You may be approached by law enforcement and asked if you will voluntarily answer questions prior to an arrest. If this occurs, contact Kirsch & Kirsch of Jefferson City, MO immediately. Our criminal defense attorneys are aware of the emotional weight of this type of case and will stand by your side throughout this process. Get the immediate help you need by speaking with a sex crimes lawyer. Contact Kirsch & Kirsch today to review your situation as soon as possible.
A Case of Sexual Misconduct
It’s important to learn exactly what defines sexual misconduct and to know the next steps to take.
What is considered a sex crime in Missouri?
The term “sex crime” is very broad and covers a range of offenses from minor misdemeanors to felony rape charges. Many sexual assault convictions result in prison time and the accused has to be listed on Missouri’s sex offender registry. Under Missouri law, sexual assault is a sexual encounter of any kind that is nonconsensual. This can also occur when the victim is incapacitated and not able to communicate nonconsent. Because this is a highly complex and often misunderstood kind of interaction, every case is analyzed and treated differently. Anything uninvited that is sexual in nature, suggestive behavior, and physical contact, is considered a sex crime, particularly if the victim claims it was forced upon them.
Reasons Behind an Accusation
One of the things that a professional sex crimes defense lawyer will do is to examine the motive of the prosecuting witness. These serious charges arise out of a vast number of motivations to accuse someone, and false accusations do occur.
An accusation could have happened for the purpose of retaliation, where the accuser is taking revenge for a personal vendetta. Another reason may be the result of remorse or embarrassment. The accuser may have felt shame after engaging in voluntary sexual contact, and after regretting that decision decided to report it as a rape.
Cases of mistaken identity are also common with sex crimes. Oftentimes, alcohol or drugs are involved, making the victim’s recollection questionable. Or the incident could have occurred in a dark area where the subject’s features weren’t distinguishable.
Discovery Evidence in Rape Cases
Missouri law dictates that sexual assault can describe anything that is sexual and nonconsensual in nature including if the individual is not conscious. When an individual reports a rape or sexual battery, there is a 72 hour period where there is viable physical evidence that can be collected Additionally, investigators will usually gather the victim’s clothing, bed clothes, and materials from the scene that may hold fingerprints or DNA evidence. In the absence of corroborating evidence, the prosecution’s job becomes very difficult. As criminal defense attorneys, Kirsch & Kirsch will examine all discovery evidence prior to determining a legal defense strategy.
What can happen if I’m convicted?
A sexual assault allegation can ruin your reputation for your entire life. Someone found guilty, depending on the severity of your charge, may face 10 to 30 years in imprisonment. With that in mind, the burden of proof is on the prosecution, which means that you will benefit from a solid legal defense. A good defense lawyer can help you fight these heinous accusations every step of the way.
Contact a Sex Crimes Attorney in Jefferson City, MO for Help
After you have been alerted to a potential sexual assault charge, or the accuser threatens you with filing a case against you, you should immediately contact a criminal defense attorney.
Get a dedicated team on board with you who have years of experience in sexual assault accusation cases. Our sex crime attorneys in Jefferson City, Missouri know exactly what you are going through and will be able to guide you through this difficult situation. Call us today so we can provide you the representation you deserve.