Cases which involve Sexual Assault – C.R.S. 18-3-402 in Weld, Morgan and Logan County require different proof than many other crimes. For example, when someone has been charged with Assault – C.R.S. 18-3-202, there will be physical evidence such as bruises and other injuries. If someone is charged with a DUI – C.R.S. 42-4-1301, there will be a blood alcohol content level (BAC). But, for Sexual Assault, there is often no physical evidence. Instead, the case is based on which party is more believable, or which person can get the most sympathy. An experienced criminal lawyer is essential to your defense if you have been charged with sexual assault. Years of trial experience equip your attorney to put on a successful defense at trial.
Sexual Assault “Victims” Get the Sympathy
It doesn’t matter if a person is making false accusations of sexual assault or not. When a woman accuses a man of touching her sexually against her will (or when she was drunk or asleep) the jury usually has more sympathy for the “victimized” woman than for the aggressor, the man. If the accusations come from a child, absent a strong defense, a jury is almost always going to side with the child.
Sexual Assault Cases: Credibility Contests in Greeley and Weld County
Sexual Assault cases in Greeley, Erie and Johnstown often descend into contests where the credibility of the alleged victim and the defendant is put to the test. It is up to the prosecutor and the defense attorney to weave the best story and shed the best light on the “victim” or their client. Here at the O’Malley Law Office, we resent that convictions can be made from mere allegations. Sending a man to prison based off the accusations of a revengeful, bitter ex-girlfriend or a damaged, angry step-daughter, is unjust. Our society and our children are learning that they have the power to get what they want by making false accusations. The government doesn’t ask the tough questions that need to be asked. Children are believed with little evidence, and innocent men are going to prison, sometimes for a lifetime.
A Call for Justice in Sex Assault and Rape Cases: There Must be Proof
As a society, we need to ask ourselves why there doesn’t have to be much evidence for sex assault convictions. Sexual touch doesn’t often leave a mark. Innocent people are going to prison – this is an enormous burden on taxpayers and society. Our justice system is based on proving someone’s guilt “beyond any reasonable” doubt, and in regard to sexual assault cases it is failing. It is time for a change.
If you or a loved one has been accused of sexual assault in Greeley, Windsor or Eaton, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
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