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Thoughts on Criminal Defense in North Carolina

What Are The Defense Strategies Used In Sex Crime Cases?


Sex offenses vary greatly. Defending allegations of possession of child pornography is much different from defending against allegations of inappropriately touching a child. I tailor the defense to the situation. Sometimes, I use forensic experts in computer science, mental health, and social work to review the allegations and evidence. Other times, the defense centers on the credibility of the accuser, my client, or both.

On college campuses, it is common for one person to allege that sex was unwanted or non-consensual. One defense may be that the accuser consented. Other times, the defense is they did not have sex, at least not with each other.

On some college campuses, a student may violate the policy by having sex with someone who is intoxicated. That issue is complicated. If both people are equally drunk, the accuser may deny consenting, but the equally or more drunk accused may not be able to make the same argument. In this situation, the “victim” may be the person who makes the allegation first.

With child pornography, the first question is whether the government can prove that you possessed child pornography. If so, the focus of the case becomes the sentencing proceeding. Preparation for those proceedings become quite involved and complicated. Evidence includes a biographical and family history, features that mitigate the underlying conduct, and, often, a forensic psychological report.

What Are The Penalties And Consequences Associated With A Sex Crime Conviction?

The penalties are severe in all circumstances. Even if sentenced to probation or suspended from school, the stigma is overwhelming. Almost every sexual offense in North Carolina requires the person to register as a sex offender after a conviction. Anyone convicted of most sex offenses faces a substantial prison sentence.

The collateral punishment of having to register as a sex offender is a huge penalty. It subjects the person to public humiliation. In addition, it severely limits the person’s ability to move, work, and live in society. A person on the sexual offender registry is restricted from almost any place where children might gather, including neighborhoods, libraries, and schools.

It becomes difficult for people convicted of sex offenses to live and function in society. The consequence of a sexual assault conviction is absolutely dramatic and something every person tries to avoid, if at all possible.

Why Is It Critical To Retain An Experienced Attorney To Handle A Sex Crime Case?

For the reasons we discussed above, it is critical to have a lawyer experienced in defending these types of offenses. The investigation of a sexual accusation is critical. That includes interviewing witness, gathering electronic data, and hiring experts. Hiring counsel with the experience, time, and determination to vigorously defend against the allegations is a necessity.

Additional Information On Title IX Cases

Public universities in North Carolina must allow a person accused of violating a policy against harassment or prohibited sexual conduct to hire a licensed attorney to represent him during the process. That does not apply to private universities. Some private universities allow students to have representation by a lawyer, but some prohibit representation.

For more information on Defense Strategies In Sex Crime Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (919) 967-0504 today.

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