Sex crimes can carry a life-long social stigma. The mere allegation of a sexual offense can ruin your reputation and destroy the lives of your family members. If you are facing sex crime allegations, you need an experienced Albany sex crimes attorney on your side who will fight to protect your rights, your freedom and your good name.
In many instances, sex crime allegations involve a “he said, she said” situation. There are generally no witnesses to the “alleged” crime and no evidence or injuries to support the accuser’s statements. While these allegations may ultimately prove to be false, they can still be devastating and long-lasting.
Your accuser may have different motivations for falsely accusing you of sexual assault, rape or another sex crime offense. Perhaps he or she wants to scare you into doing things or is seeking revenge for something that has taken place between the two of you in the past. In some situations, individuals have been known to accuse an innocent person of a sex crime to gain leverage in other court proceedings, such as matters involving divorce, child custody and support. Regardless of what your accuser’s underlying motivations may be, the end results can threaten your freedom and your future.
When you have been accused of a sex crime offense, you need to consult with a skilled Albany sex crimes attorney immediately. Many sexual offenses fall in the category of “strict liability crimes,” which means that the prosecution does not have to prove that you intentionally broke the law. Unlike other criminal offenses, individuals can be punished for a strict liability offense even if they had no knowledge that their acts were criminal in nature.
For instance, in cases involving statutory rape, a person can be found guilty of rape even if he or she believed that their sexual partner was of legal age to consent to sex. This means that if you engage in consensual sex with a 15 year old who has told you that he or she is 18 years old, you can still be convicted of statutory rape because having sexual intercourse with a 15 year old is a strict liability crime. Although you may have made an honest mistake believing that you were sleeping with an adult, this does not matter in the eyes of the law.
Sex crimes often involve a “he said, she said” situation, and in most cases, there are no witnesses or evidence to support the statements of the accuser. Even if the allegations prove to be false, they can still destroy your reputation and your future. With so much on the line, you need to seek the advice of an experienced sex crimes attorney in Albany who can thoroughly investigate the allegations and work to uncover the truth in your case.
In Albany and throughout the state of New York, you can be charged with statutory rape for having sexual intercourse with a person under the age of 17 even if the sex was consensual. Statutory rape is considered a strict liability offense, which means that the government does not have to prove that you intentionally broke the law. Even if your partner lied to you and told you that she was 19 when she was really 16, you can be convicted of violating the law for having sexual intercourse with someone under the age of 17.
The first thing you should do is consult with an attorney immediately. You should never speak to law enforcement without your legal counsel being present. An “innocent” conversation with the police can quickly go bad and what you say can be used against you later on in court. A skilled Albany sex crimes lawyer can protect your rights and properly advise you on how to respond to the police’s questions.
Most people who are accused of Internet pornography or another type of Internet sex crime have never been in trouble with the law before. The best thing you can do is speak with an attorney as soon as possible. Even if your online activities have been completely legal, someone else may have used your computer or your IP address to download child pornography. You should never say or admit anything to law enforcement until you have consulted with your attorney. Additionally, you should never give the police your consent to search your computer or home unless your lawyer has advised you to do so.
If you are facing sex crime allegations or charges, The Law Office of James E. Tyner, PLLC can help. James E. Tyner is leading criminal defense attorney representing individuals throughout Albany and surrounding areas in New York. He defends clients facing all types sex crime charges, including cases involving:
Regardless of the charges you may be facing, The Law Office of James E. Tyner, PLLC will outline all of your options and work to build the strongest defense possible. Contact our firm today by calling 866-642-3897 or emailing him directly.
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Posted by: Eric Buckley