Sex crime allegations are some of the most serious crimes one can be accused of committing. Convictions for crimes such as rape and child molestation can carry potentially long prison terms, registering as a sex offender and a lifelong limitation on your freedoms and opportunities.
Sex-related criminal charges also include things like sexual harassment and sexual assault. These differ from rape and more serious charges. Sexual harassment usually occurs in the workplace, while sexual assault can occur almost anywhere. What constitutes sexual harassment or sexual assault? The answers might surprise you.
Generally, sexual assault involves one of three things, either penetration of a body part by another body part or object, contact with an “intimate” body part, or exposure of an “intimate” body part. Intimate body parts include buttocks, breasts, genitalia, and others. If the assault leads to sexual intercourse, the state of California actually considers it rape, which is even more serious.
Sexual harassment can include sexual assault, but it does not have to. It can include anything that creates a “hostile environment”, including locker-room jokes, suggestive comments and looks, and even body language.
Sex charges often come down to he said, she said, with little physical evidence or eyewitness testimony. Therefore, defending against these charges often requires refuting the allegations and proving that they are false. This can be done in a number of ways, including showing that the accuser holds a grudge against the accused, or that the accuser had other ulterior motives for making the charge. Because these are serious criminal charges, the prosecution must prove beyond all reasonable doubt that the accused is guilty of the crime. In many instances, simply proving that there is some doubt about the veracity of the claims is enough.
Such cases can also hinge on forensic evidence whether it be DNA testing or computer and/or cell phone downloads. Sometimes, however, sex accusations are made many years later and those cases may rely less on such evidence as DNA testing and more on finding witness corroboration as to the past behavior of the defendant and the alleged victim.
When confronted with such serious accusations, one needs an attorney with the experience and legal expertise in defending against such charges. John Campion has been handling serious sexual assault cases throughout his legal career and has the knowledge and determination to fight on the behalf of the accused.
Sex charges often come down to he said, she said, with little physical evidence or eyewitness testimony.