Sex Crime Defenses


If you have been accused of a sex offense, you need an experienced San Diego sex crimes defense attorney who can protect your constitutional rights and determine a strong defense strategy for your case. When you are accused of a sex crime, your freedom and reputation are at stake. The reality is that overzealous prosecutors often seek convictions against innocent people who are the victims of false accusations or shoddy police investigations because of the pressure they face to aggressively pursue sex offenders. There are a number of defenses that can be raised in sex crime cases and the available defenses will vary depending on the specific circumstances surrounding your case.

Insufficient Evidence During the Sex Crime Investigation

In a criminal case, the prosecution must prove each and every element of the charged crime beyond a reasonable doubt in order to convict the accused. Insufficient evidence is a defense that can be raised when the prosecution has failed to prove their case beyond a reasonable doubt.

In sex crime cases in which there is a lack of physical evidence and that rely almost entirely on the accusations of the alleged victim, it may be possible to establish that there is insufficient evidence to support the charge. An experienced criminal defense attorney will conduct their own investigation of your case and review the evidence against you in order to expose weaknesses in the prosecutor’s case.

Possibilitity of Mistaken Identification

This defense can be raised when the wrong person is mistakenly identified as the person who committed the crime. Mistaken identification is a form of factual innocence and establishing this defense involves undermining the way in which the accused was initially identified.

In the case of eyewitness testimony, this may entail discounting the witness’ memory of the events or casting doubt on their perception due to certain conditions such as poor lighting. If you have been wrongly accused of a sex crime, mistaken identification can be raised as a defense to the charges against you.

False Allegations Involving a California Sex Crime

There are a number of reasons why an alleged victim may accuse someone of a sex crime that did not actually occur. This could include a situation where a child has been coerced or coached or a person that is motivated by revenge or anger due to a bitter divorce or custody dispute. Regardless of the reason or motivation for the false accusation, these allegations must be taken seriously.

One of the worst mistakes you could make is assuming that these accusations will go away on their own. Simply being accused of a sex crime can be permanently damaging to one’s reputation even if those accusations are eventually shown to be false. For this reason, it is critical that you seek the help of a skilled criminal defense attorney as soon as you become aware of false allegations. An attorney who is experienced in handling sex crime cases, will be able to expose false allegations and prove your innocence.

Consent May Be a Possible Defense

Consent may be raised as a defense to sex crimes if the alleged victim is legally capable of giving consent. California Penal Code 261.6 defines consent as “positive cooperation in act or attitude pursuant to an exercise of free will.

The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.” For sex crimes such as sexual battery and rape, lack of consent is an element of the offense and you cannot be convicted if you are able to establish that the alleged acts were consensual or that you had a reasonable belief that it was consensual.

How a San Diego Sex Crimes Defense Attorney Can Help You

If you are being investigated or have been charged with a sex crime, it is important that you contact an experienced San Diego sex crimes defense attorney right away to discuss your legal options. San Diego sex crimes attorney Jessica McElfresh has extensive experience defending clients against all types of sex crime charges and she will work tirelessly to obtain a positive result in your case. She has the knowledge and skill necessary to prepare an effective defense and she is uniquely qualified to challenge the evidence against you. She will fight to protect your freedom and rights by challenging the evidence or testimony used against you or providing evidence that casts doubt on the prosecutor’s case.

To learn more about what can be done to challenge sex crime allegations or charges, contact McElfresh Law today at (858) 756-7107. Call us today to schedule a free, confidential, review of your case.