Colorado Sex Crime Attorney Blog

Denver Sexual Assault on a Child and Presumption of Guilt for Defendants | A Criminal Defense Lawyer’s Role in Sexual Assault Cases

Posted by Kyle B. Sawyer | Dec 10, 2016 | 0 Comments

Learn more about how a criminal defense lawyer has to fight the presumption of guilt in sexual assault cases in Colorado.

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Many of our jury trial cases in Denver and across Colorado involve a child accusing an adult male figure of sexually assaulting them. There are many reasons children make false sexual assault allegations and the results of these sexual assault accusations can be devastating for the accused. For this reason, the role of a criminal defense lawyer is imperative for protecting your future if facing charges of Sexual Assault involving a child in Colorado.

Sexual Assault Lawyer in Douglas County – Lawyer's Job is To Fight Presumptions of Guilt for Defendant

Sexual Assault cases involving a child in Douglas County can be difficult for a criminal defense lawyer when society assumes the accused is guilty. Therefore, an experienced sex crime defense lawyer must try to prove that this assumption is not accurate. If jurors make the assumption of guilt in a sex crime case, it can take away from their ability to consider facts of your case that prove your innocence. The presumption of guilt can also take away from their ability to consider that the crime you're accused of could not have possibly occurred.

Arapahoe County Sexual Assault Lawyer on Defeating the Belief That All Children Are Honest

In Arapahoe County Sexual Assault cases, jurors often believe a child's word because they cannot fathom why a child would lie. Additionally, simply because it's a child alleged victim, jurors often empathize with the child for having to undergo the court process, making it difficult for them to consider the defendant's side. So, a criminal defense lawyer must wrestle with how to address any gaps or weaknesses in the child's story without offending jurors who might believe the child, and help them see how the alleged child victim may not be truthful.

Sexual Assault Jefferson County Lawyer on Disproving the Sex Crime Occurrence

Finally, a Jefferson County Sexual Assault lawyer must also try to prove to the jury that the sexual offense you're accused of could not have happened. This might mean showing evidence of any inconsistencies in the child's story, along with any motives behind why the child might be falsely accusing the defendant. A criminal defense attorney might also consider having someone who knows the child give an opinion that the child has been untruthful or lied in the past. Additionally, any witnesses who could testify the child and defendant were not where the child alleges could help a criminal defense lawyer convince the jury of a child's false allegation.

Sexual Assault Lawyer in Adams County and Going to Trial: Is Trial a Good Idea?

Taking Sexual Assault cases involving children to trial in Adams County or in any other part of Colorado can be a risk. You run the risk of being convicted on all charges against you and not having the option of a plea bargain. As knowledgeable criminal defense lawyers who have been defending men and women accused of sex crimes for more than 25 years, we can determine whether trial is a good option for your sex crime case or not. We can never be certain whether we will win or lose in trial, but we may have an idea of what your chances are one way or the other. Always consult one of our experienced criminal defense lawyers immediately if a child or teen is accusing you of Sexual Assault in Colorado. Our criminal defense lawyers always offer free initial consultations to discuss your case and can help you decide what to do moving forward.

If you or someone you love is facing charges of Sexual Assault in Colorado, be smart and exercise your right to remain silent. Then, call a criminal defense lawyer at the O'Malley Law Office at 303-830-0880. Or, fill out the “Get Help Now” form on the side of this page. Together, we can protect your future.

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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