Sex Crime Attorney
Few crimes are more serious than sexual assault or rape, but what happens when the accused person is innocent? The consequences of even a charge of a rape case are serious. Media coverage can be devastating. If the wrongfully accused person is a college student, he may be suspended from classes and expelled from school. If the alleged rape or sex crime occurred at work or with a co-worker, the accused employee may be fired. Worse, the wrongfully accused may be arrested, and it may be difficult to obtain bail.
There are no minor sex crimes; even if a client receives probation, he is still likely to be subject to lengthy, perhaps lifetime registration as a sex offender under either Megan’s Law or the Sex Offender Registration and Notification Act (SORNA). Retaining the right sex crime criminal defense attorney can make all the difference.
Boyle & Jasari, are accomplished criminal defense and complex civil litigation lawyers. If you or a loved one is accused of a sex crime involving rape, sexual assault, or other forms of sexual abuse, our experienced trial attorneys can advise you of the numerous strategies to combat charges of criminal sexual abuse.
Why Do You Need a Sex Crime Attorney?
Accusations of sex crimes carry a stigma for life. Being wrongly accused of such a horrific crime can ruin families, careers, and futures. Therefore, it is crucial you have experienced representation to guide you through this ordeal as soon as possible. When emotions run high, innocent clients can unwittingly make themselves appear guilty in an effort to defend themselves. Securing an expert in sex crime defense will help guide you through the criminal process.
Due to the various factors in sex crime offenses, each case is different. If you have been charged with rape or sexual abuse, it is imperative that you seek experienced counsel for defensive strategies immediately. Our attorneys start their cases by listening and understanding his clients. Next, he will move through the factual development of the case, interview witnesses, and retain the appropriate experts and investigators to advocate on your behalf.
Many cases are won or lost before a trial begins. Often, a thorough investigation can persuade the prosecution to dismiss your case. However, if we must proceed to trial, Attorney Dennis Boyle is an aggressive criminal defense lawyer with decades of experience combating false allegations of serious crimes.
What are Sex Crimes?
Different states and the federal government all have criminal codes that have different definitions of crimes, but generally, sex offenses involve:
- Sexual Assault
- Indecent Assault
- Rape or sexual assault of a Child
- Statutory rape
- Production or possession of Child Pornography
Is the Defense of Sex Crimes Different From the Defense Other Crimes?
Sex crimes are different from other crimes. Most often, charges of rape, sexual assault, or other sex offenses are “he said/she said” cases, meaning that an arrest may be based upon the unsubstantiated statements of a single witness, which will be assumed to be the “victim”. While one might assume the case against him is weak, these cases cannot be taken for granted. The state and federal government provides substantial emotional support to people it considers “victims”. Many jurisdictions have investigators and prosecutors who specialize in the prosecution of sex cases, referred to as “Special Victim’s Units”.
The wrongfully accused defendant needs aggressive defense counsel who understands both the investigation and defense of sex crimes at court. Although we are sometimes successful in having charges dismissed, the defendant needs to be prepared emotionally and financially for the trial.
What Should One Do When Charged With Rape, Sexual Assault or Other Sex Crimes?
Every case is different with different facts and evidence; however, the first thing the innocent suspect should do is retain experienced counsel. He should not talk to police, prosecutors or any other government officials. He should not contact the alleged victim or any of his or her friends. He should not consult the internet, friends, or family members. Only an experienced defense counsel can provide correct advice as to how best to proceed.
What Are the Defenses to Sexual Assault Cases?
Different types of sex crimes have different defenses. No two cases are the same. One common factor in all cases, however, is the need for an early, comprehensive investigation to determine the facts and find evidence.
Most sex crimes involve a single victim and a single incident. Consent is the most common defense, and it is usually up to a jury to determine whether the state or government has proven its case beyond a reasonable doubt. In the hours, days, and weeks after the incident, the accuser may have talked about the incident with friends or acquaintances, and, frequently, what he or she says just after the investigation may differ substantially from what the accuser says at trial. Alcohol or drugs may interfere with an accuser’s memory. Sometimes, counselors or other “support” personnel will convince an accuser that an encounter was a rape or assault when the accuser was not certain about whether consent was given.
When an assault occurs with a co-worker, there are additional risks that the wrongfully accused person should take. See “Responding to False Allegations of Sexual Assault or Harassment at Work or in the Office”. The college environment, with its Title IX implications, presents other challenges. Accusations that arise in the military have other concerns. The most important thing the wrongfully accused can do is retain experienced and qualified defense counsel.
If a rape or sexual assault involves a child, consent is usually not a defense. An underage victim is not allowed to consent under any circumstance, but false allegations of abuse can and do occur. In these cases, it is important to understand the circumstances under which the accusation occurred: did the accusation arise in the course of a divorce? When and where did the alleged incident occur? What, if any, is the relationship between the accuser and the accused?
Child pornography cases have another set of defenses. See “Six Potentially Successful Defenses to Child Pornography Cases”. These cases are filed in both state and federal courts and are among the most serious of criminal cases. Sentences for these charges can put someone in prison for decades.
Is There Anything Else I Should Be Concerned About?
Unlike other offenses, sex offenses have significant collateral consequences. As with other felonies, one who pleads guilty loses the right to vote, the right to own a firearm, the right to certain federal benefits and other potential consequences. In addition to losing these rights, one convicted of a sex offense will usually have to register under Megan’s Law or SORNA sometimes for life. After completing a sentence, one convicted of a sex offense may be prevented from seeing minor children. A conviction may also expose a defendant to civil action by the victim. In fact, in the case of business owners or wealthy individuals, the potential for a significant monetary settlement is frequently a major motivating factor in the filing of a false accusation with the police.
Title IX Considerations
In addition to the possibility of criminal prosecution, college students face potential administrative actions by their colleges and universities which may result in expulsion for sexual misconduct. This label can follow students to other colleges or universities affecting their ability to complete their education. It can even impact their ability to obtain employment. Unfortunately, students accused of sexual assault or sexual harassment on campus are assured that their due process rights will be respected.
Title IX itself provides that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance.
Sexual misconduct, including rape, sexual assault, and harassment, has been determined to be discrimination under this section. Colleges and universities have responded to this section with the zealous prosecution of anyone accused of sexual misconduct. This prosecution frequently results in the denial of a fair hearing. Even a student who has not been charged by prosecutors can find himself facing an inquisitory college board.
These cases are therefore particularly serious. A student accused of rape or sexual assault on campus must therefore have counsel prepared not only for the criminal investigation but also for the college or university’s administrative actions. We are experienced with both.
What is Your Experience with Sex Offenses?
Dennis Boyle defended his first rape case, and obtained his first acquittal in a rape case, in 1991. Since that time, he has tried over 30 jury trials involving allegations of rape or serious sexual assault. These cases are emotionally draining both for the person accused of the defense and for the defense counsel. Not all cases, however, proceed to trial. A dismissal of charges, or a decision by prosecutors not to bring charges in the first place, is preferable to a trial. These resolutions do not just happen. Attorney Boyle knows how to investigate these cases to achieve the best results for the client.
Why Choose Us?
If you are accused of a sex crime, your wealth, reputation, career, and freedom are severely impacted. The legal system takes a harsh stance on sexual abuse. Even if your case is dismissed or if you are acquitted at trial, the repercussions of criminal sex allegations can have life-long consequences. Boyle & Jasari can help mitigate the damage to your reputation and your career while advocating on your behalf.
Attorney Dennis Boyle is highly regarded for his extensive experience in criminal and white collar criminal matters. As one of Washington DC’s leading criminal defense attorneys, Attorney Boyle has received numerous honors for his achievements. Some accolades include the AV Preeminent rating from Martindale Hubbel, the Nationally Ranked Top Ten Attorney’s Award, the American Bar Association Award for Professional Merit, and listings among Washington DC’s Super Lawyers from 2011-present.
Attorney Dennis Boyle has tried over 200 criminal jury trials in state and federal courts throughout the United States and internationally. He has won a number of landmark cases in criminal and white collar criminal matters, including constitutional law, commercial litigation, professional negligence, and civil procedure.
After formally serving as a Navy Judge Advocate, First Assistant District Attorney, and a Special Assistant US Attorney, Attorney Dennis Boyle uses his experience as a prosecutor to aggressively defend those accused of federal and state crimes. His unique perspective gives him insight into the strengths and weaknesses of the prosecution’s case. Call the office of Boyle & Jasari, for a consultation today. The earlier a sex crime defense lawyer can get involved with your case, the better. Speak to one of our sexual abuse attorneys today to go over your best defense strategies.