There are several defenses to a sexual assault allegation. We do our best to categorize those defenses because they tend to reappear in case-after-case, but the truth is that each case is unique and the defense for each case shifts and merges with the multiple approaches we can take to establish our client’s innocence.

Whether Sex Even Happened

One of the least common defenses is that the sexual act didn’t happen. Denying that the sex act happened is limited in its use because there is generally some evidence of the sexual act. It could be in the form of DNA, a confession, or text messages between the Accused and the alleged victim that admits to sex having had occurred. 

In the right case, even a reasonable doubt about whether sex acts actually occurred could be enough for an acquittal. We see this defense most often used when an alleged victim is directly framing an accused person or deeply mistaken about the nature of the events (generally because of shoddy memory).

Establishing the Sexual Acts Were Consensual

Another common defense is that the sexual act was consensual. In order for a sexual assault to be proven in a criminal court, the Prosecution has to prove BEYOND A REASONABLE DOUBT that the alleged victim did not actually consent to the sex act. 

Our cases are generally built around this very issue. If the prosecution is able to establish that sex occurred, the next question is all about consent. Although the media would like to place the responsibility on the accused person to prove consent, it is the prosecution that has to disprove it. Usually this evidence comes down to the credibility of the accuser and the version of events as told by the Accused if they testify.

We often see cases in which there is solid evidence of consent or the unreliability of the alleged victim’s claim that she did not consent.

Mistake of Fact About Consent

A mistake of fact case is one in which the accuser believes that they did not consent to the sexual act, but the accused thought that the sexual act was consensual. Under the law in many jurisdictions, the accused person’s belief that it was consensual would have to be reasonable. In other words, a reasonable person in the same or similar circumstance would have thought the same way that the accused did.

In defending any case, our goal is to look at whether or not the government can prove that sex or a sexual act actually occurred. If the accused claims that a sexual act did occur but that it was consensual, then we will point out all the facts that show that it was a consensual act. It is also important—in every case—to challenge the accuser’s credibility, challenge the sufficiency of the investigation, and challenge the evidence (if there is “evidence”). Most often, the defenses in a sexual assault case revolve around whether the act actually occurred, and if so, whether or not it was consensual.

Our attorneys aren’t just skilled in the actual litigation of sexual assault defense in the courtroom, we have been recognized around the world as leading voices in how best to defense sexual assault cases. Our attorneys have taught national conferences on sexual assault defense, been published in major news outlets and on major cable news networks, and anticipating a nationally best selling book on the topic.

The post Defenses to a Sex Crime Case first appeared on Golden Law, Inc..

You shouldn’t talk to anybody about what is going on, what the allegations against you are, or what happened on a particular day or night. You have the right to remain silent, and there’s a reason that the Constitution of the United States gives you that right: anything you say can be used against you. Even if you think you have the best story to tell, the one that’s going to show that you’re not guilty of an offense, don’t tell it to anyone because you never know how they are going to perceive it, how they are going to retell it to others, or what investigators are going to do with it. Don’t start talking to anyone.

If there are people that you feel are on your side, give their names and their contact information to your attorney. An experienced attorney can then contact your supporters and speak with them about how best to help. There’s a balance of interests that need to be considered between you and your attorney, and they include staying off sex offender registration, staying out of jail, being acquitted of criminal allegations, and vindicating your name in the public’s eye. The key to this is you should not be talking to anyone except your attorney about what happened.

Should I Dig For Evidence In The Accuser’s Past Sexual History? What If I’ve Heard They Have Made Accusations Against Other People?

In sexual assault cases, it’s quite common for an accuser’s past sexual history to play an important part in your defense at trial. However, any evidence related to the sexual history of an alleged victim must first be presented to a judge in a closed session to determine if the evidence will be allowed at trial.

If you have information on your accuser that you think a jury would want to know, you should provide it to your defense attorney so their team can investigate it for you. It’s perfectly acceptable for you to take note of anything you know about your accuser and provide that information to your defense attorney. You and your attorney should then discuss which information may be relevant at trial, and what evidence too disconnected for admissibility.

A person accused of a crime should never “dig for evidence” themselves. It is the responsibility of your lawyer to take appropriate steps to investigate relevant witnesses, to include the alleged victim. Digging for evidence, however, is not going to lead to good results for you; it will likely lead to the perception that you’re guilty. It can also add additional charges for obstruction of justice. Give whatever information you have to your attorney, and let them do the investigation for you.

Can My Defense Attorney Enter Evidence Into My Sexual Assault Case Regarding The Accuser’s Previous Sexual Assault Accusations?

The rules typically prohibit evidence of an accuser’s past sexual behavior of any sort, but, there are many exceptions to the rule. Any time you intend to present evidence of an alleged victim’s past sexual behavior, the rules require specific notice be given and a closed hearing occur in front of the judge before trial. The judge will then decide if the evidence is admissible at trial.

The requirements regarding past sexual history evidence is contained in each state’s version of “rape-shield” law. This rule has been further clarified by dozens of important appellate cases that further explain the application of the rule.

The rule generally prohibits evidence of an alleged sexual assault victim past sexual behavior or predisposition. The rule generally carves out three exceptions. The exceptions deal with consent, source of injury, or where Constitutionally required.

In the simplest terms, you can only introduce evidence of past sexual behavior if that evidence is directly related to the charged sex crime, such as evidence of consent, a motive to lie, or a different perpetrator.  That’s why, in this day and age, it’s important to have a defense attorney who knows the ins and outs of the rules, how to navigate rape-shield laws, and how to explain to a judge why a particular piece of evidence involving previous sexual assault accusations is relevant to your case.

Is The Prosecutor Allowed To Use My Past Against Me, Such As Arrests For Minor Charges Or Other Past Sexual Assault Allegations (Even If They Were Proved False)?

The prosecutor’s ability to use past charges or allegations against you depends on the facts of the case. Any prior acts of misconduct or arrests for minor charges will most likely not be relevant in a sex crimes trial. Even if those prior minor activities were admitted, a skilled attorney can convince the jury that it isn’t important to the issue of guilt.

On the other hand, prior allegations of sexual misconduct is likely to be admissible against you, and may be able to be used to show a pattern. In other words, it can be used to show that you are a person who is likely to sexually assault someone because you’ve done so in the past. It is extremely important to fight this form of evidence with the trial judge as hard as possible. In many close sexual assault cases, the difference between acquittal and conviction can come down to the fact that you’ve been accused of something similar in the past.

The question of whether or not that allegation was false is going to be critically important in your case. If the prosecutor is trying to admit evidence that you committed an act of sexual assault in the past, they must prove, more or less, that it is true or that reasonable people could see it being true. Therefore, it’s important for your defense team to be able to attack that prior accusation and show that it is, in fact, not true (or false or too old or too tenuous or not supported by evidence) so that it’s not used against you.

Prosecutors are certainly going to be aggressive and they’re going to use every single tool they can to convict you, especially if you have past charges or past convictions. That’s why you need a capable and experienced defense counsel to know how to fight against that.

The post Finding Evidence During a Sex Assault Investigation first appeared on Golden Law, Inc..

Before we talk about how seeking mental health can impact your case, we need to understand the confidentiality of a psychotherapist during criminal and civil investigative proceedings.

Mental health providers come in all sort of different types —a counselor, a social worker, a psychotherapist, or a psychiatrist. Generally, statements to a mental health provider are considered confidential, although that privilege is generally considered less confidential than conversations with a lawyer or priest.

Generally, there are exceptions to the confidentiality that you have with mental health providers. Exceptions include potentially mandatory reporting related to abuse of child; state directed mental health evaluations; or when third parties are present.

If counseling or seeing a therapist or a social worker is going to help you through this process, it’s certainly an option that you should seek out. A mental health provider can be a resource that’s there for you to work through a difficult time, and the law is designed to keep what you tell a counselor confidential under most circumstances. Talk to your therapist about the extent of confidentiality. Most importantly, though, talk to your attorney.

Take Care of Yourself

There are cases in which talking to a mental health professional could have negative consequences, but in our experience, mental health records typically become relevant after an accused claims an insanity defense or otherwise makes their mental health a part of their defense.

Mental health records may be far less protected in civil proceedings. Civil proceedings generally allow for a greater invasion of mental and medical records, to include depositions of therapists. It takes a trusted and experience lawyer to fully advise about the risks and benefits of talking to a mental health professional while under sex offense allegations.

We often talk to clients that are hoping to receive treatment during the difficulty of going through sexual assault allegations. We advise clients regularly to talk to their mental health provider but to stop short of talking about the details of the actual event. Saying something to your doctor like “I’m not comfortable talking about the details of the allegation, but I would appreciate if we can talk about my feelings while I’m managing the stress of the upcoming trial.”

The post Can I Seek Counseling While A Sex Assault Case Is Pending Against Me? first appeared on Golden Law, Inc..

Basics of Law Enforcement Searches

Investigators can gain access to things like your home, your car, your devices, and your work center in a variety of different ways, including by your consent for them to search or by getting a search authorization or a warrant. Sometimes, warrants give investigators a period of time during which they can conduct the search, and depending on the nature of the search, that period of time may be for an extended number of days, weeks, or even months.

Once investigators allow that time period to expire, they do need to go back to a judge, or someone who can authorize a search to seek a second search warrant. Sometimes, you won’t even know about that process because it unfolds behind the scenes and there’s no need for them to tell you if they’re seeking another search warrant.

The first time you might hear about a judge granting a warrant could be when investigators come knocking on your door to conduct a search. If investigators are there without a warrant or authorization, however, and are asking for your consent to search your home, you always have the right to deny them consent. You’re not required to give them consent to search. Again, saying “no” when they ask if they can search your home cannot be used against you in any way, shape, or form.

Property Searches Through Consent

Investigators can conduct property searches or searches of an accused person if they get consent. In so many cases those accused of a crime will waive their rights rights and consent to these searches. Even if an accused asks for an attorney and refuses consent, investigators can re-ask for consent until a subject is formally represented by counsel.

Property Searches Without Consent

Law enforcement can search the person or property of an accused person without consent if they receive search authorization from a judge or magistrate.

A search authorization requires law enforcement to have probable cause to believe that the requested search will yield evidence of a crime. Probable cause is a low standard, but skilled attorneys can attack the underlying basis for a search authorization, and if it is legally deficient, that evidence and any evidence that came as a result of the improper search will be excluded at trial.

Repeated Searches

Once law enforcement conducts a search, whether by consent or through authorization, there are many circumstances which would have those same investigators coming back for additional searches in the future. Additional searches generally require new consent or renewed search authorization. These repeated searches generally occur because there is new suspicion that there was additional evidence that was not seized during the first search.

Experienced attorneys have methods to quash additional searches, especially once a trial judge is involved in a matter.

Digital Searches

Digital searches, such as searches of computers, cell phones, and other digital devices work very similar to ordinary property.

The most important thing to know about digital evidence is that you have no obligation to assist in a digital search by entering passwords, but you can be forced to use your thumb print or face ID to unlock a phone. Investigators can gain access to things like your home, your car, your devices, and your work center in a variety of different ways, including by your consent for them to search or by getting a search authorization or a warrant.

If police are seeking permission to search your devices, simply refuse and ask to speak to a lawyer. Before talking to police, it is a good idea to power down your phone. Most phones require passwords upon powering on and you are not required to give passcodes. If asked for a passcode, demand an attorney.

It’s important to remember that a search warrant is a legal document that authorizes the police to search a specific location for specific items or evidence. If the police have a valid search warrant, they have the right to conduct the search. However, it is important to understand that you have rights and that you should take steps to protect yourself and your property.

The post Searches By Law Enforcement in Sex Crime Cases first appeared on Golden Law, Inc..

Clients who have recently learned they are under investigation for sex crimes frequently ask us whether they should explain their situation to police right away. Every case is unique, so the decision on whether you make a statement early in your investigation should be made with the advice of an attorney.

The firm’s co-owner, Katie Cherkasky, has a strong following on YouTube and has created multiple videos discussing civil liberties, to include the right to remain silent.

What it Means to Remain Silent

We can tell you that you certainly have the right to remain silent, meaning you don’t need to talk to anyone about anything. Your silence cannot be used against you, meaning if you choose not to talk with the investigators, or anyone else about your case, the fact that you chose to remain silent is in no way an indication of guilt. On the other hand, if you choose to waive your rights and speak with investigators, what you say can and certainly will be used against you—something you hear in police shows and lawyer shows all the time. The decision of whether you want to talk about the allegations, therefore, is one that you need to make when you’re closely consulting with an attorney and have an understanding of all of the facts in your particular case.

One thing that we can tell clients and potential clients is this: based upon your current situation and the fact that you may have just recently learned of an investigation, it is very unlikely that you know the exact nature of the allegations against you. And it is very unlikely that you know the exact nature of the evidence against you. As much as you might believe that you know what’s going on and who’s saying what, the truth is that you don’t know any of that, and investigators may have different information than you do. They may have more information than you do, or they may have less information than you do.

In the early stages of an investigation, if you decide to go to investigators and talk about what happened, one thing you need to know is that you might be giving them more information than they already have, which would be very bad for you as it might open up different avenues of investigation. You also might be giving them different information than they already have, which also might create some problems for you. They might perceive you as giving them a false statement or providing incorrect information about the allegation.

It bears repeating: staying silent cannot be used against you, and you can’t speak intelligently about your case and the allegations against you unless you know the evidence the commander or the investigators have.

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The post Should I Talk to Police if Accused of Sexual Assault? first appeared on Golden Law, Inc..

At Golden Law, we know exactly how to present your best defense against sexual assault charges.  And we always start with three basic strategies.

Aggressively Attack Lies and Liars

When you are facing sexual assault charges, you want a defense counsel that will aggressively attack the lies being told about you.  In many of these cases, the decision as to whether you are guilty or not guilty comes down to credibility.  The prosecutors can’t win “he said, she said” cases when the jury can’t believe anything “she says.”

The key is to start by combing through the investigative file and identifying all the important facts.  We dig deep to find every little inconsistency in your accuser’s story.  Through an aggressive investigation, we find every way your accuser is getting it wrong.  We will look at every text message, social media post, email, and statement from your accuser and identify the lies.  Then, at trial, we will cross-examine your accuser and confront them about their lies.  The Constitution guarantees you the right to confront the witnesses against you.  You want a defense counsel that has done the work, identified the lies, and is ready to aggressively confront the liars.

But credibility isn’t just about being truthful about what happened – it’s about being a truthful person in life!  If your accuser has a history of making false allegations, we will call that person out.  We will identify witnesses who know the accuser’s character and who are willing to testify about their previous lies.  We have had cases where the accuser’s friends, supervisor, neighbor, teacher – or even their best friend has testified that the accuser is a liar.  You want a defense counsel that won’t pull those punches.

Let’s be clear.  People lie about things big and small.  Some people are even willing to lie about something as serious as sexual assault.  You want a team that will look into the motives of your accuser and find out if they have something to gain by making up lies about you.  And the team at Golden Law will aggressively attack the lies and liars.

Immediately Identify Consent

Sometimes, your accuser isn’t a total liar – they’re just mistaken about what happened.  Not every case requires your experienced defense counsel to call the accuser a liar.  Maybe he or she just didn’t recognize all the signs of consent.

This is why you want an experienced defense counsel representing you at trial.  You want a lawyer that has handled countless sexual assault cases and knows the science.  You want someone that understands the signs of consent and can discuss them with the jury.  You want a lawyer that can explain to the jury how someone may claim “sexual assault” when, in fact, the entire experience was consensual.  That’s hard to do, especially for an inexperienced defense counsel.  You want a lawyer that has had that conversation with more juries than he or she can count.

Constantly Calling Out the Lack of Evidence

Finally, to beat allegations of sexual assault, you want a team that will constantly call out the lack of evidence.  Because of the pressure that prosecutors face, they often send “sexual assault” cases to trial despite a stunning lack of evidence.  You want a defense counsel that knows the science and will constantly call out the lack of evidence in your case.

The burden of proof in criminal cases is high – proof beyond a reasonable doubt.  It’s the highest burden of proof required by the law.  But in courtrooms across the world, individuals are convicted of sexual assault despite a stunning lack of evidence.

You want a defense counsel that will find out why the government doesn’t have things like DNA evidence connecting you to the accuser, a sexual assault forensic examination of the accuser, a drug screen of the accuser, or a blood alcohol test of the accuser.  And not only do you want a defense counsel that will identify this lack of evidence, you want an experienced lawyer who can convince a jury that this stunning lack of evidence matters to your case.  You don’t want to be convicted in a “he said, she said” case!

The team at Golden Law is ready to aggressively attack lies and liars, immediately identify consent, and constantly call out the lack of evidence in your case.  The team at Golden Law is ready to help you present your best defense against sexual assault charges!

The post Your Best Defense Against Sexual Assault Charges first appeared on Golden Law, Inc..

An Alleged Victim’s Sexual History is Heavily Protected at Trial

Federal and state courts have remarkably strong safe guards in favor of an alleged sexual assault victim’s right to privacy. These laws are known as Rape-Shield laws in many courts.

Rape-shield laws typically provide that the past sexual predispositions and behaviors of an alleged victim cannot ordinarily be used at trial. In order to make mention of virtually any information that contains sexualized connotation, the defense has to first file a timely motion with the judge asking permission to use the information at trial. The defense then has to prove why that information is critical to their defense, which is often an uphill battle unless you can directly link the past event with the Accused’s belief that the alleged sexual assault was consensual, or to discredit the alleged victim in a manner directly relevant to the allegations at hand.

Can Prior Affairs Be Used Against a Sexual Assault Accuser?

If there’s an extramarital relationship between the alleged victim and the accused, that can be used as a plausible reason for a false accusation. Even if that past affair wasn’t with the Accused, but with someone else, that information may still be admissible if the defense can clearly identify an explanation as to how that past relationship formed a motive for the alleged victim to lie against the Accused.

In our line of work, we call all of these circumstances motives to lie or motives to fabricate. And so, in this example, an extra-marital relationship could be a motive to fabricate. If our client had an affair with a married woman, and that married woman later alleges that our client sexually assaulted her, we could introduce evidence of their prior affair, and potentially even evidence of her affairs with other men, if you can show how her sexual history created a reason for her to lie or to show why the Accused thought he had consent.

If the alleged victim was married, perhaps that person’s spouse was unaware of the extramarital relationship, and that can cause the alleged victim to claim sexual assault to avoid personal responsibility for the infidelity. It’s sad to say, but we see that in a lot of cases. Many alleged victims attempt to get around their own accountability by making claims of sexual assault.

We’ve even seen it in cases where a someone uses a sexual assault allegation to explain their poor performance or to explain any variety of things that might be going on in their personal life. Whether it’s an affair, or any other motive to fabricate, it’s all about how your attorney navigates the rules of the court in order to present the strongest evidence of your innocence.

Previous False Allegations of Sexual Assault Might Not be Admissible

If an alleged victim has made previous false accusations of sexual assault, it depends on the particular case on whether that information can be entered into evidence for the defense. Again, Rape-shield laws limit the amount of information that is not related to the sexual assault at issue from being placed before the jury. So, prior claims of sexual assault or sexual offenses, if false, may be admissible, and that’s a maybe. It really depends on the ability of the defense attorney to convince the judge that that information is relevant to the case at hand.

Current case law generally says that the burden is on the defense to prove by a preponderance of the evidence that an alleged victim’s prior sexual assault claim is untrue before being permitted to use it at trial. When we prep our cases, we go through an extensive investigation to determine whether an alleged victim has made previous claims of sexual assault. We investigate to determine what happened with those previous claims. Oftentimes, we hear the government argue that somebody can lie in one circumstance and tell the truth in another, and while that’s true, in sexual assault cases, the truth is extremely important. Credibility is extremely important. Therefore, you need an attorney that’s capable of convincing the judge to allow these false accusations in the past to be used in the defense of your particular case.

You Have a Right to Have Experts in a Sexual Assault Case

There are dozens of ways in which an expert witness could be important in a criminal trial. In sexual assault cases, there could be a need for an expert in psychology, DNA analysis, digital forensics, gynecology, toxicology, and law enforcement. We’ve seen these types of experts in famous TV cases like in the Johnny Depp case, and many others.

In a criminal case, an accused person has the right to expert consultants and witnesses in any field that are deemed relevant. The experts that we typically use are nationally renown figures in their field with incredible reputations.

In some cases, the prosecution uses their own experts to help prove their case. If the prosecution expert does say something wrong, you want a defense attorney with extensive experience with experts in the field and who are able to effectively cross examine and impeach their witness. It may also be important to have an expert of your own to testify against the prosecution’s expert.

In other situations, the defense expert is needed to present scientific information even though the prosecution does not have expert testimony to present. We have used this strategy many times to call an expert in the defense side of the case to help prove why the allegations are untrue or unreliable.

Since so many sexual assault cases involve alcohol, often an expert in forensic psychology or toxicology is necessary for the defense to offer testimony about the effects of alcohol and how those effects can reduce the reliability of the allegations.

At Golden Law, we’ve established great relationships with some of the best experts in the world, and have those experts by our side when we walk into a courtroom. We will find the right experts for your case to work for the defense, even when the government wants to involve their experts, no matter how reliable or unreliable they may be.

The post Three Things You Should Know About Sexual Assault Trials first appeared on Golden Law, Inc..

Preparing a client for cross-examination in a sex crime case is a multi-step process. It begins with understanding what the evidence is. As such, we advise all of our clients that no one is required to speak with law enforcement. You have a right to remain silent, and the same is true at trial. You have a right to remain silent and not testify in your own defense.

If you do testify in your own defense, it’s important that you and your defense counsel understand the evidence. The way that we prepare for that is by looking very closely at prior statements given to investigators by our clients. We try to see all of the ins and outs of what our clients have said in the past. We then encourage our clients to take a look at their past statements. We want them to become very familiar with the information that they provided to law enforcement early on during the investigation, and anything else they have said relevant to the allegations. Of course, circumstances and information may change in a case. But, it’s important to always remember what you told law enforcement. It is also important to honestly explain things to a jury in a similar way that you told to law enforcement.

Beyond that, we walk our clients through the entire cross-examination process. For instance, if there is DNA evidence in the case, we walk our clients through how that applies to their case and how that can change things with regard to the statement they gave to investigators. Oftentimes, though, our clients take our advice and don’t speak with investigators. They remain silent throughout the course of the investigation. At trial, neither the prosecutor nor the jury knows their side of the story.

If that’s the case, we simply sit down with our clients and sometimes spend hours going over their perspective on what happened. We use the training that we have as former prosecutors to help them understand the potential cross-examination questions that they might be asked. Cross-examination may include questions about prior statements they made, their character, or the facts and circumstances of what happened on that particular event. It’s an hours and sometimes days-long process. We spend a lot of time with our clients. We not only go through their side of the story but also attack their side of the story to prepare them for cross-examination. The work that we do is largely informed by our time as prosecutors. So, we leverage our experience as former prosecutors to make sure that our clients are best prepared for cross-examination.

The single most important and repeated piece of advice we give to our clients before they testify is to tell the truth. When you take the stand, the best way to win the cross-examination battle is to simply tell the truth.

Strategies Used By Prosecutors In A Sex Offense Case

The strategies that the prosecution will use in sex offense cases will depend on whether the accused previously gave a statement. There are two different scenarios. One in which a client made a prior statement, and one in which the client did not make a prior statement and remained silent. If our client made a prior statement to law enforcement, then the prosecutors know about it. Good prosecutors will go out and interview friends, family members, neighbors, supervisors, and other people who our clients may have spoken with about what happened. In those cases, the prosecutors have some information about your side of the story. A strategy that every prosecutor uses, including when we were prosecutors, is to look at those statements to try to find any inconsistencies. Any time our client says something that’s inconsistent with the evidence or inconsistent with the prior statements of themselves, the prosecution looks for what we call self-serving statements.

When the prosecutor doesn’t know what happened, and the client gets up and explains what happened for the first time, there’s a variety of different ways that prosecutors can attack that. But, it’s really a surprise for the prosecution, which is one of the reasons we encourage our clients not to speak with investigators. You want to save that truth for your last chance at convincing the jury that you are not guilty. But, in those circumstances, even the prosecutors have common tools they’ll use. They’ll often attack the fact that it is the first time they are speaking with you, and that it is the first time you’re telling your story. They’ll argue that you’ve sat through the entire court-martial with the ability to listen to all the evidence before presenting your story, which means to imply that you’re conforming your story to the evidence in the best way possible for you.

Another way they’ll often attack in cross-examination is to confront you on the fact that you have a lot to lose. You are telling a story because there’s a lot on the line. As a result, they’re going to imply that your story is wrong or false because you might go to jail or you might be a sex offender, and you don’t want to go to jail or be a sex offender. All of those could be motives to make up a story that’s convenient. As such, the prosecutor is going to try to argue that your story is ultimately a lie. Therefore, it’s incumbent upon us, as defense counsel, to make sure that you’re prepared for all those things.

We believe it is important for a person accused of a sex crime to tell their story whenever possible. There are cases where it just isn’t appropriate, even if the client is innocent, and their right to remain silent cannot be used against them. The only way to make the right decision about testifying is through hours and hours of building a close and trusted relationship with an experienced attorney.

The post Prepare For A Cross-Examination In a Sex Crimes Case? first appeared on Golden Law, Inc..

If any of this is happening to you, there are things you should and shouldn’t do.  What you do now can greatly impact your future, so be sure you have a good defense counsel at your side.

Stay Calm and Carry On

When you find out you’ve been accused, your first reaction may be to panic.  You may want to explain everything to your family, employers, the media, or (worst of all) the cops. You may want to delete text messages, hide embarrassing photos, or you may just want to run and hide.  The best thing you can do is stay calm.  If an allegation has been made, take deep breaths and be cool.  Always remember that you have the right to remain SILENT, meaning you don’t need to talk to anyone.  Anything you say can, and WILL, be used against you. While we certainly encourage strong and public statements of innocence, it is important to make those statements deliberately and with comprehensive legal advice.

It’s always appropriate to state that you will speak to a lawyer before you make a statement. Whether to police, media, or executives. Even if it seems awkward. Remember the people investigating you are interested in keeping lawyers uninvolved and tricking you into admitting guilt to make their decisions easier. When asked about any type of #MeToo allegation, speak respectfully, do not lose your temper, and repeatedly say that questions should be directed to your legal counsel. If people want to blame you for having a lawyer in these crazy times, you were never going to convince them anyways.

While the investigation is ongoing, be patient.  It may be weeks or months before you hear an update.  During that time, the best thing you can do is focus on your work and your health.   Show up to work on time and work as hard as you have ever worked.  You need to show your leadership that you respond positively to difficult circumstances.  Go to the gym or get outside.  Maintaining your physical fitness will only help you.  And when times get tough, talk to a counselor, psychologist, chaplain or attorney.  What you tell those professionals is confidential, and they can help you improve your mental health during difficult times.

Learn as Much as You Can

If you are under investigation for a crime, you’ll want to find out everything you can about the case.  The best way to do that is through your defense counsel.  Don’t try and learn things about the investigation on your own.  Make sure you have a defense counsel that you trust and who has experience dealing with cases like yours.  Your defense counsel can talk to investigators and get information that investigators might not be willing to give you directly.  Your defense counsel can also work with local prosecutors to understand your case.  And once you know what you may be charged with, you and your defense counsel can start planning a strategy for defending you against the charges.

Don’t Talk to Potential Witnesses

Your biggest urge while you wait for answers may be to contact potential witnesses.  When your back is against the wall, you are going to want to take action.  Don’t!  It is tempting to talk to potential witnesses about what they told investigators.  It is even more tempting to try and talk your friends out of testifying against you.  You may feel like you want to tell everyone your side of the case.

But talking to witnesses is a bad idea.  Outsiders could see your actions as “witness tampering” or “obstruction of justice.”  Both of those crimes can result in jail time or a discharge if done in the context of criminal law.  And even if you aren’t punished for talking to witnesses, it may be used as evidence of your guilt.  So, just remain SILENT and let the process work itself out.  If you feel there is someone that you want to talk to or you believe could help your case, tell your trusted defense counsel and let us take care of it.

Get Ready for the Fight of Your Life

Finally, you need to get ready for the fight of your life.  Any good defense counsel will have you provide them a list of people that can speak positively on your behalf.  Begin preparing that list early and make sure everyone who will defend your character is on that list.  If you have evidence related to the case (like pictures on your phone or messages on social media), tell your defense counsel about it.  And start gathering documents about you and your accomplishments that you can show to the jury to demonstrate your good character.

But always remember that you can’t fight this fight alone.  You need to keep your friends and family close.  And you need to hire an experienced defense counsel that you know you can trust.  You need someone with experience handling cases just like yours.  You need someone that has done hundreds of criminal trials.  You need the best in your corner, because you are about to begin the fight of your life.

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Sex offender registration is a separate system in each state with slightly different rules and restrictions. Generally, sex offender registration requires individuals convicted of sexual offenses to provide information to law enforcement authorities. The purpose of sex offender registration is to increase public safety by providing law enforcement and the public with information about individuals who have been convicted of sexual offenses.

The information required for sex offender registration typically includes the individual’s name, address, photograph, and information about the offense they were convicted of. This information is then made available to the public, often through online databases, to allow community members to be aware of the presence of known sex offenders in their area.

In some jurisdictions, sex offender registration requirements are lifetime obligations, meaning that individuals must continue to provide updated information for the rest of their lives. In others, the registration requirements may end after a certain amount of time has passed.

Sex offender registration is a controversial issue, with some arguing that it helps to protect the public by providing information about known sex offenders, while others argue that it is a form of punishment that is unjust and does not effectively prevent recidivism.

Consequences of Being on the Sex Offender Registry

When you register as a sex offender, your name is added to a nationwide database of offenders.  It involves more than the police just “keeping tabs” on you.  These registries are open to the public.  Anyone can go online and search for you by name to see that you are a sex offender.  Even worse, anyone can put their address into a database and find all the sex offenders within a certain distance of their home.

If you’re convicted of a military sexual assault, you will be required to register in your home state and remain registered until the state says otherwise.  For most states, the minimum registration time is ten years from the date you are released from jail.  In some cases, you may be required to stay registered for life.

Even if your registration is temporary, the consequences of the “sex offender label” will remain.  For example:

• Restrictions on where you can live. Most states won’t allow sex offenders to live with certain distances of schools, parks, playgrounds, or other places where children gather.  Even if you are convicted of an “adult” sexual assault, these restrictions may apply.  As a result, it may be difficult to find a home in a place you want to live.
• Restrictions on where you can work. In addition to housing restrictions, most states limit where you can work.  For example, you may not be able to work in a clothing store with changing rooms or at a salon or barber shop.  You also will not be able to hold a job that comes with power and responsibility, such as a nurse, pharmacist (or pharmacy tech), etc.
• Loss of child custody or visitation. No matter what your conviction was for, the courts can deny you custody of your children and severely limit (or cancel) all rights to visitation.
• Decreased privacy. By being on a sex offender registry, your right to privacy is severely limited.  Your neighbors and coworkers may even know that you are a sex offender.
• Prejudice and intolerance. Unfortunately, registered sex offenders face a lot of prejudice and intolerance.  Your family, friends, and coworkers may treat you as a threat or an outcast.  Some people may withdraw from knowing you at all.

These consequences are scary, and they increase all the time.  For instance, the state of Missouri now restricts the activities of registered sex offenders on Halloween, requiring registered sex offenders to remain inside their homes and post signs outside stating, “No candy or treats at this residence – sex offender at this residence.”

Fighting to Preserve Your Reputation and Future

Regardless of one’s stance on sex offender registration, it is important to understand that it is a legal requirement for individuals convicted of certain sexual offenses and that failure to comply with these requirements can result in additional criminal charges and penalties. If you are facing conviction of a sexual offense, it is important to consult with an experienced attorney to understand your obligations and ensure that you are in compliance with the laws in your jurisdiction.

Once you’re branded as a sex offender, there is no turning back.  That is why you need a team of experienced defense counsel working for you.  Before it’s too late.  The team at Golden Law has handled hundreds of sexual assault cases.  We are ready to fight for your reputation and future.

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