Few crimes are as difficult to try, both for the prosecution and for the defense, than sex crimes. No criminal charge is more embarrassing for an innocent person than a sex offense charge. The famous “Duke Lacrosse Team Rape Case” demonstrated better than any recent prosecution the tragedy that can occur when an innocent person is charged with a rape he did not commit. Fortunately, in that case, the truth came out. In the end, it was the overzealous prosecutor, and not the accused defendants, who went to jail. See Morley Swingle’s Book Review of Until Proven Innocent by Stuart Taylor and K.C. Johnson, published in the St. Louis Post-Dispatch on October 28, 2007. Click here to read it.
In Colorado, sex crimes include sexual assault, unlawful sexual contact, sexual assault on a child, sexual assault on a child by one in a position of trust, internet sexual exploitation of a child, sexual assault on a client by a psychotherapist, and invasion of privacy for sexual gratification.
A person convicted of a sex crime in Colorado not only faces potential jail time, but also will be required to register as a sex offender for the rest of his life. The humiliation and punishment lasts a lifetime.
The best defense in a sex crime, of course, is actual innocence. This is a crime where innocent people can be unjustly convicted when the issue is whether the victim consented to the sex act, and the jury finds an untruthful victim more believable than the accused. A good understanding of the law of evidence, including the “Rape Shield Statute” and DNA evidence can be crucial to a presentation of the best defense.
Morley Swingle handled hundreds of sex crime cases as a prosecutor. He tried many sex crime cases to jury verdict. He helped write Missouri’s invasion of privacy statute and published an article in the Journal of the Missouri Bar on the topic of invasion of privacy as a criminal offense. See H.M. Swingle & K.M. Zoellner, “Criminalizing Invasion of Privacy: Taking a Big Stick to Peeping Toms,” 52 J. Mo. Bar 345 (1996).
Parker Lawyers has the experience to defend you if you are charged with a sex crime. Call us at (303) 841-9525.