Dealing With Allegations of Sexual Assault

The issues of sexual assault and harassment have made their way to the center of public consciousness in recent years, thanks, in large part, to allegations being made against a growing number of high-profile personalities. Successful actors, comedians, entertainers, studio executives, and even former presidents have been accused of inappropriate behavior over the last few years, with countless victims offering their stories in just the past several weeks.

Sexual assault, however, is not limited to star-studded parties or Hollywood casting calls. Such crimes can happen anywhere and to anyone, and the victims have the right to expect justice to be served on their attackers. Unfortunately, allegations of sex crimes often come down to one person’s word against that of another.

Sex Crimes Are Unique

Most criminal offenses are fairly black and white. A person who steals merchandise from a store has objectively committed retail theft. Likewise, a person who drives with a blood-alcohol content of 0.08 or above is objectively in violation of the laws against driving under the influence. Many sex crimes—primarily those involving adults—are more unusual in that the legality of the action in question depends on the will of the potential victim. When two people engage in consensual sexual activity, there is no crime being committed. When the very same action occurs but one party is not willing and does not give consent, the action is a sex crime.

Evidence and Witnesses

Sex crimes are also different in that there are often no other potential witnesses or definitive evidence. Sexual predators, of course, often look for ways to isolate their victims, but sexual activity is, by its nature, a very private matter. A store owner can often use surveillance video as evidence that a shoplifter stole merchandise, and breathalyzers can confirm that a person had been drinking.

When consent is in question, however, there is usually no video footage or anyone else to verify either party’s version of what happened. Thus, there is often no way to know for sure that an alleged perpetrator knew that he or she was crossing a very serious line.

Protecting Yourself and Your Rights

None of this is meant to suggest that a person who commits a sex crime should be free from repercussions for his or her actions. Rather, it is intended to demonstrate the challenges in proving that a sex crime was committed in the first place. Of course, the reality is that sex crime allegations do not need to be true in order to damage a person’s reputation. The mere accusation of a sex offense could be enough to turn an alleged perpetrator’s life upside down. Those accused of sex crimes are often found guilty in the court of public opinion, regardless of the truth.

If you are facing criminal charges for sex crime you did not commit, it is critical to seek help from a qualified legal professional. Contact an experienced San Jose sex crimes defense attorney to discuss your case and explore your options for protecting your rights. Call 408-277-0377 for a confidential consultation with Wesley J. Schroeder, Attorney at Law, today.

Sources:

https://www.usatoday.com/story/life/people/2017/11/03/list-all-hollywood-men-accused-sexual-assault-harassment/827004001/

http://www.cnn.com/2017/10/25/us/list-of-accused-after-weinstein-scandal-trnd/index.html