Criminal Defense

What Happens If The Accuser Recants Allegations In A Sex Crimes Case?

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Even if the accuser recants their allegations, your case is still going to be prosecuted. I’ve had full blown jury trials after the accuser has recanted and said outright that they made the story up. The state of Florida doesn’t really care because once they hear the allegation, the accused becomes public enemy number one. Once prosecutors and law enforcement hear the accusation, they don’t believe anything else. That is why you need an attorney to immediately get involved in this process with you.

How Do You Handle Sex Crime Cases Where Drugs And Alcohol Are Involved?

I defend cases of sexual crimes where drugs and alcohol are involved quite often. It generally makes it more difficult because if the accuser is the one who was under the influence, they’re not going to have the best recall of what really happened, and we need to determine if a crime actually occurred. The state is going to say that because they were under the influence, they didn’t have the ability to give consent and therefore a crime occurred. On the other hand, intoxication is something you can use to show the jury that the person making the allegations doesn’t have a good memory of the event. You’ve got to be very cautious when those particular allegations come up in a sexual crime case.

How Much Do The Forensic Evidence And Experts Factor Into These Cases?

Evidence and experts play a huge role in sex crime cases, especially the ones involving minors. If a minor makes an allegation of some kind of sexual crime, they will be sent to doctors who work for Child Protective Services, and these doctors have their own vested interests in these cases. They see so many of these cases that they will automatically believe that the child is telling the truth. These doctors have been led to believe that the worst-case scenario is the common scenario when that is not really the truth. These doctors are then going to be qualified as experts and they’re going to come to court and give opinions that may differ from what a normal doctor would say because they have such a bias, and they’re also getting paid by the state of Florida.

The forensic evidence is very important because jurors, when they hear about these allegations, want to know if there were any forensic tests done. They want to know if there was DNA evidence, in particular. If there was no DNA testing done or if DNA testing was not conclusive, that is very helpful for the accused. On the other hand, jurors give a lot of weight to DNA results – so you need to fight it as hard as possible. You’ve got to have someone who knows about how DNA testing works and how the statistics of DNA testing works, to see if those DNA tests are valid or not.

What Are Some Potential Defenses That May Be Used In Sex Crime Cases?

The best defense to a sex crime is proving that consent was given. The other big one is proving that this was a fabrication or a lie. To use that defense, you need proof that the person made a prior inconsistent statement and you need a reason for why the person is making up this lie. How did they describe the event occurring? What kind of details did they recall? Details are key. When these events occur, there are going to be some details that the accuser should remember and if those details fluctuate or they don’t remember any details at all, that is a big red flag that we’re dealing with a false allegation. You can also have a defense based on the age difference being negligible. Often, in those cases, the accused person would not have to register as a sexual offender.

For more information on Recanting Allegations In A Sex Crimes Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (850) 666-4731 today.

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