Few criminal offenses bring with them the negative stigma that being charged with a sex offense often does. Unfortunately, just being accused of a sex offense often has a negative impact on your work, social, and even home life. Fortunately, however, in the United States criminal justice system you do remain innocent until proven guilty. Moreover, the State, through the prosecuting attorney, bears the burden of proving you guilty beyond a reasonable doubt. That does not mean, though, that you should not be prepared to mount an aggressive defense. That defense starts by retaining the services of an experienced sex crimes lawyer. If you have never been accused of a sex offense before, you may find yourself answering some rather personal, and even uncomfortable, questions posed by your sex crimes lawyer. In order to be better prepared, consider the following ten questions your sex crimes lawyer might need to ask you:
- 1. Did you ever have intercourse with the alleged victim? This one should be obvious – if the charges against you include an allegation that you had nonconsensual sexual intercourse with the alleged victim, your defense attorney needs to know if you had intercourse with him/her, whether it was consensual or not.
- Did you have any type of sexual contact with the alleged victim? You may not have had actual traditional intercourse with the alleged victim. However, if you engaged in any type of sexual contact with him/her your attorney needs to be aware of this because there will likely be some physical evidence to that effect produced by the State.
- What type of sex did you have with the alleged victim? This is a polite way of asking for specific details about your sexual conduct with the alleged victim. If your attorney asks for these details, it is because they are important to your defense so do not hold back any details.
- Did you play any sex games with the alleged victim? Sometimes, sex games can turn dangerous without an intention for them to do so. A sex crime, however, usually requires the perpetrator to have had the intention to harm the victim. If a sex game got out of hand, your attorney needs to know because your lack of intent to harm could be a defense.
- Did your sexual contact involve any “rough play?” Like the previous question, there is often a fine line between rough sex and abuse. Sometimes a partner agrees to the rough play at first then becomes scared. If things started out this way and got out of hand, tell your attorney if asked.
- Did you use a condom? This can be relevant for a number of reasons, the most common of which is simply to determine if you could have left physical evidence inside the alleged victim.
- Did you leave any bodily fluids in the vicinity or on the alleged victim? Your attorney needs to know what investigators are likely to find because surprises can torpedo even the best defense.
- How many sexual partners have you had in the past (week/month/year)? Although there are very firm rules about when and how the sexual history of a victim, or an accused, may be brought up at trial, it remains possible that your history will be admissible. Therefore, your attorney may need to know what it is so he/she is not surprised.
- What do you consider your sexual orientation? Sometimes sex offenses appear to be related to a specific sexual orientation or can be a hate crime relating to sexual orientation. It may, therefore, be important for your attorney to know your sexual orientation.
- How old did you believe the victim was and what made you sure of his/her age? If the alleged victim was underage, but you had a solid and valid reason to believe he/she was not underage, it could help your defense.
Although it may be uncomfortable answering these questions, keep in mind your sex crimes lawyer won’t ask them unless the answers are necessary to prepare your defense.
If you are currently facing charges for a sex offense in Nebraska, it is certainly in your best interest to consult with an experienced Nebraska sex crimes lawyer right away. In Nebraska, contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
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