What Are Common Reasons That Sexual Assault Charges Are Made?
Sexual assault charges are usually made when a domestic dispute is involved. Domestic disputes, such as divorces or child custody issues, are one of the most common incidents people use to make sexual assault charges. During a divorce or child custody issue, a parent may plant negative thoughts or statements in their child’s mind that something may or may not have occurred, whether knowingly or not. That’s definitely one very common reason why false allegations are made.
Another common reason why false allegations of sexual assault charges are made is when a child is attempting to make an outcry. For example, a stepchild that doesn’t like their stepfather or stepmother may accuse their stepparent of sexual misconduct. Children are taught rightfully taught to contact an authority to report it if anything happens to them, as they should. However, I’ve had some complaining witnesses detailing how children accuse their stepparent, and later recant their statements because they were only trying to get their stepparent out of the house. This is a common way that false allegations can come about, but there is a myriad of other ways as well.
What Evidence Can Help Someone In A Sexual Assault Case?
The number one type of evidence that can help someone in a sexual assault case is their own testimony pertaining to the sexual assault case. Whether it’s sexual assault of a child or adult, many times it boils down to he said she said, even if it’s a false allegation. And unless you testify to the proposition of the opposite of what’s been leveled or accused against you, then it is very hard to beat a charge like that, and so the most useful piece of it in court, in my opinion, is your own evidence. The Fifth Amendment states that no one can be compelled to incriminate themselves, so when you testify, you cannot be incriminated.
The other type of evidence would be physical evidence, such as DNA. If any kind of DNA was left, or if there was any sign of forced entry, that constitutes physical evidence.
The forensic interview of a complaining witness is also evidence. The forensic interview done by the interviewer can be performed on a child as well as an adult. A lot of times, they interview or ask questions that are leading in nature. They ask questions in a way that’s designed to get the answer that they want, especially when children are involved. Children by nature are more doubtful, and they tend to want to please the adult that’s questioning them. Therefore, the interviewer will be very nice, but they will probe them until they give them the answer they want. A child can be much easier to coax into giving information, but it might not be the truth. And so, examining the forensic interview for that possibility, and that it could lead to a false allegation, is extremely important. It could be the most important part of investigating the case prior to trial.
Will My Case Be Dismissed If The Alleged Victim Recants Allegations In A Sex Crime Case?
If the alleged victim recants allegations in a sex crime case, your case will not be dismissed. In fact, it might have an adverse effect for the DA. If the DA believes that someone wants to get their case dismissed or charges dropped by having the alleged victim recant the allegation, they might go after the person even more vigorously. The DA could assume that when a situation like that occurs in any kind of sexual assault, the alleged victim is being coerced into trying to drop the charges. For instance, this type of scenario usually happens between husbands and wives. The husband could be the one in jail, and the wife will try to get her children to say what is needed to get him out of jail. And so, a D.A. will often, if not always, see that as them being coerced into trying to get the charges dropped.
People often want the charges dropped, but it almost never occurs. And the more people press that issue, the more likely the defendant will be prosecuted vigorously. They are going to prosecute you, and assume that you’re trying to coerce the person into trying to get the charges dropped. Even in child sexual cases where a child has an outcry and says that they’re lying, that they cried wolf and recant, the charges will not be dropped. The DA doesn’t believe they recant. They believe it was given all of a sudden in the original forensic interview. Whether or not it’s true, they just assume that they’re not recanting.
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