When it comes to Sexual Assault cases in Denver, Adams, and Jefferson County, it usually comes down to “he said, she said” arguments. That's because sexual contact usually occurs between two people in private. This is why it's important to have a knowledgeable sex crimes defense attorney fighting on your behalf if you've been accused of rape. You need an advocate in the courtroom passionately defending your freedom. A recent case in Eagle County perfectly illustrates the problem with Sexual Assault allegations and how different interpretations of an evening can arise.

Alleged Victim's Side of the Story

A woman has accused a former deputy of sexually assaulting her early this year. According to her, she and a friend helped the former deputy out of a bar. He was completely inebriated, so she offered to drive him home. On the way to his house, they stopped off at a warehouse, where she says they were making out by her car. She alleges he tried to put his hands down her pants, but she said “no.” He stopped, and they headed into the warehouse, where she says she “wanted to leave,” but the former deputy “did not like that.” She then says she was wrestled to the ground, where she blacked out and was sexually assaulted. Later that day, she went to a medical center, and asked for a sex assault examination. She grew frustrated and left after hearing she would have to travel to a nearby hospital for the examination. She wasn't examined until 4 days after the alleged assault. The examining nurse says she found trauma consistent with sexual assault.

Former Deputy's Side of the Story

The deputy has hardly any recollections of the night, but says the sex was consensual.

The former deputy has hardly any recollection of the night. A friend of his was also at the bar that evening, and he says the only reason the former law enforcement officer left with the two women, was because he was being carried out by the arms. According to the police, the former deputy's home was close to the bar, but instead of taking him home, the alleged victim went out of her way to drive the other woman to her house before turning around to take the former deputy home. Then, they suspiciously stopped at a warehouse between the two houses, and began making out. The former deputy alleges the sex was consensual. A friend of the defendant received a phone call on the night of the alleged assault. The friend drove to the warehouse to check on the former deputy, and encountered the alleged victim in the parking lot getting into her car. The friend spoke with the woman, and noticed alcohol on her breath, suggesting that she shouldn't drive. The woman didn't listen, and instead drove away.

Our Take as Criminal Defense Attorneys

Sex assault cases often turn into “he said, she said” arguments, which is why it's important to hire an experienced criminal defense attorney fighting on your behalf.

When it comes to “he said, she said” cases, the defendant has a difficult time in court in Arapahoe, El Paso, and Douglas County.  This is because the police, judges, and juries all tend to believe everything the alleged victim has to say. This goes directly against the Constitutional precept that a person should be innocent until proven guilty, but our criminal justice system regularly loses sight of this important belief. The former deputy's case is a perfect example of how difficult it can be to sort out the truth. The two obviously had sex – the question is whether it was consensual or not. Sadly, the court doesn't heavily weigh the fact that the former deputy was barely coherent at the time the alleged assault took place, that the alleged victim and the defendant were former acquaintances, or that the sexual encounter could have been mutual. In cases like this, it is important to hire a skilled criminal defense lawyer who will utilize expert witnesses, gather favorable evidence, and fight to protect your furure. Here at the O'Malley Law Office, we fight to win.

If you have been falsely accused or overcharged with a crime, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.