If you have been charged with a sex crime, the most important thing you need to know is how to defend yourself in court. There are a number of potential defenses to sex crime charges, however, they are not all available or effective in every situation. By working with experienced Cincinnati sex crimes lawyer Brad Groene of Luftman, Heck & Associates, you can learn more about your case and the strongest defenses against accusations. We will customize the defense strategy to your specific situation. Call us today at .
Have you been accused of a crime you did not commit? Many individuals accused of sex crimes have been mistaken for someone else. If you are facing sex crime charges and you are innocent of the crime, we will strive to prove the police arrested the wrong person or the accuser mistook you for someone else.
Were you in an entirely different place from where the alleged offense took place? One of the strongest ways to prove that the prosecution has charged the wrong individual is to show you were in another place at the time the crime occurred. We can prove your alibi through your testimony, eyewitnesses, surveillance camera footage, GPS data, and Internet data.
You cannot be convicted of a sex crime against another adult if you had consent to engage in the activity. If you reasonably believed because the other person’s affirmative words or actions that you had consent to behave as you did, then we will provide evidence of this permission in court. Consent can be a strong defense, however, it can also become a he-said-she-said issue in court. While this may be one important aspect of the defense, we will also look into challenging other aspects of the case against you to increase the chance of an acquittal.
Challenging DNA Evidence
You likely know from the news that many sex offense cases hinge on DNA evidence. However, DNA evidence is not as black and white as newscasters make it seem. Whether or not semen or another sample matches your DNA is a matter of percentages – and it is not always 100 percent. We understand the complexities of DNA evidence will provide expert evidence as to why DNA evidence is not yours.
We can also attack DNA evidence based on the chain of custody, lab procedures used, and the analyst’s experience and training. There are a number of steps where DNA evidence can go wrong, ultimately pointing a finger at you when you are innocent of the crime. We will review how the DNA sample was obtained, handled, stored, and tested. If there are any issues with how the sample has been treated, we will bring this to the court’s attention.
Additionally, DNA evidence on or near the accuser is not always evidence of a crime. It may be true that you had a sexual relationship with this individual. However, that does not mean you broke a law. If you had consensual sexual activity with the other individual, we may not attack the DNA evidence at all. Instead, we will focus on proving you had permission to behave as you did.
The Accuser’s Malicious Intentions
Individuals have been found to accuse others of sexual assault to gain another person’s attention, sympathy, or affection. Others have accused people of sex crimes for revenge or fame. If you know you are being accused of a sex crime because of another person’s evil intentions, speak with one of our criminal defense attorneys today. Know that you are not alone and your attorneys can use this information in your defense strategy. We will use a variety of evidence such as your testimony, witness statements, social media content, and more to prove the accuser is lying.
Voluntarily becoming intoxicated by drinking alcohol or taking drugs is not a defense to a sex crime in Ohio. You cannot use the fact that you had too much to drink as a justifiable reason to your actions. However, if you were involuntarily intoxicated, such as by being drugged, you will want to provide this evidence to the court. We may be able to show you were unable to control your actions or understand right or wrong due to being drugged.