Have you been falsely accused of Sexual Assault in Denver?
The media in today's culture does a great job of portraying the victim in a sexual assault case as scared, traumatized, and violated. Unfortunately, police in Denver, Arapahoe, and Larimer County enter into a sex crime investigation feeling the same way. There is a complete assumption of guilt by police officers and other members of the justice system, which often victimize an innocent person. Supposed “actors” in a sex crime case are taken into custody immediately based on allegations alone. After serious damage is done to the accused, police realize they have made an arrest for sex crime charges which are the results of false accusations. If you are falsely accused of Sexual Assault in Denver or anywhere in Colorado, contact us immediately before any damage is done.
False allegations happen often in the criminal justice world against people who are accused of Sexual Assault (CRS 18-3-402), Sexual Assault on a Child (CRS 18-3-405), or Sexual Exploitation of a Child (CRS 18-6-403). People may wonder why anyone would make up something terrible like a sexual assault and other sex crimes claim in Jefferson, Adams, or Douglas County. There are many reasons. At the O'Malley Law Office we will not judge or draw conclusions about your character like the police officers, District Attorney, and prosecutors surely have. Our job is to get to the truth and expose the false allegations as what they are: lies.
Sexual Assault Claims and Children
Children are sometimes the perfect tool for spouses, ex-spouses, or other adults to carry out an act of revenge against another person. Adults know any claim a child has about sexual assault will be blindly accepted by authorities. Sometimes they coach smaller children to say a few key words which will lead to an investigation and arrest. We have seen spouses do this in divorce proceedings to keep custody of children. A convicted sex offender cannot be in contact with anybody under the age of eighteen, even their own children. Therefore, the accuser will not have to share custody.
When alcohol is involved in a sexual encounter, charges of sexual assault and other sex crimes may occur. Memories are dulled by the effects of alcohol or drugs. People wake up regretting or not remembering their actions, and, in an effort to save face, claim they were attacked or had sex without giving consent. Colorado law states if someone is too drunk to give knowing consent, then technically they have not given their consent. Any time a person has sexual relations with someone because they had a few drinks; they run the risk of being prosecuted for sexual assault in Denver and the rest of Colorado. It is unfair that courts in today's justice system base life changing verdicts on a “he-said vs. she-said” debate where no one really remembers the whole story.
Witness Credibility
We check the credibility of witnesses. People with a history of mental disorders and past unfounded claims of rape or sexual assault need to be investigated to ensure the validity of their allegations. We also make sure all evidence was collected lawfully. In the case of child witnesses we rule out of the testimony of children who were coached or coerced into making untrue allegations. Without this false testimony, many cases are dismissed and charges of sexual assault in Denver will not haunt you for the rest of your life.
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