It’s not hard to accuse someone of Sex Assault in Greeley, Evans, or Erie. In fact, all a revenge seeker has to do is to call the police and make up a story. The man they have accused will be arrested and involved in a criminal case where his future is at stake. Let’s take a look at how revenge plays a role in Weld, Logan, and Morgan County courts.
Presumption of Innocence Doesn’t Apply in Sexual Assault Cases
In the criminal justice system in the U.S., a principle is supposed to be followed in criminal cases. This is that the defendant is presumed to be innocent until the District Attorney has proven beyond a reasonable doubt that they are guilty. Unfortunately, in sex assault cases in Colorado, this presumption of innocence isn’t always applied. This is due to a couple different factors:
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Rape Shield Statute – C.R.S. 18-3-407
The Rape Shield Statute chips away at laws which are put into place to protect people accused of crimes. Laws have been created which destroy the presumption of innocence and presume the alleged victim’s story is true.
Sex assault cases are a hot topic right now. And, accusations are easy to make.
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Social Stigma
Sexual assault cases are a hot topic right now. Cases highlighting accusations are in the news all the time. Yet, the press rarely carries a story on the ten o’clock news of a man later being found not guilty at trial. Because of this, people are more likely to assume a person is guilty simply because they have been accused. I have been a criminal defense attorney for 23 years. In recent years, I have been shocked by how difficult it is to find a jury who will presume a person’s innocence in a sex assault trial. While I believe we need to fight back against true sexual predators, I don’t believe presuming an innocent man is guilty is the way to fight for the real victims of sex assault.
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Pressure from Special Interest Groups
Special interest groups apply a lot of pressure to the courts when it comes to sex assault cases. Often, their statistics are based more on fear than reality. For example, the Rape Abuse and Incest National Network (RAINN) posted statistics which say that only 40% of sex assaults are reported. They cite a Bureau of Justice survey which didn’t even explain how the statistics were collected. Their other sources were questionable as well, and yet they contended that only 3 out of 10 rapists are convicted and sent to prison. They don’t take into account that many sex assault allegations (sexual assault) are false. In my experience, most every sex assault case is taken to trial, even if there is no evidence other than the testimony of a tearful alleged victim.
Why You Need a Criminal Defense Attorney for Sex Assault Allegations
If you have been accused of rape in Colorado, you need to contact an experienced criminal defense attorney. Why, you might ask? In court, you will be presumed guilty, regardless of the principles of our justice system. You need an advocate to fight on your behalf, to demand evidence for a conviction. Don’t stand alone and try to protect yourself – work with an experienced criminal defense lawyer who will fight to win.
If you or a loved one has been charged with a crime in Greeley or Weld County, 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. Together, we can protect your future.
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