Delaware Lawyer Defending Sex Crimes & Rape
A conviction of almost any sex crime can devastate a person's life. It is not just the serious prison term that often accompanies a conviction. It is the notoriety that can follow a person for life even after he serves his sentence. Sex crimes are becoming more high profile every day. You should make a decision to fight and defend yourself.
Sex crimes can involve various forms of rape, statutory rape, date rape, unlawful sexual contact, felony stalking and sexual harassment. Prosecutors at both the state and federal levels are bringing these charges with much greater frequency than in the past.
Indeed the internet has become a major avenue for state and federal prosecutions of all types of internet and sex related crimes. More than any other area of the law, internet sex crimes have garnered enormous law enforcement resources in the last 5 years. This area is emotionally-charged. The mere fact of an arrest alone can ruin a reputation. Make no mistake, these crimes can and do bring substantial prison terms.
In the area of Rape or Unlawful Sexual Contact, the issue of consent is usually - but not always - a central issue in any sex crimes prosecution. Consent - or withdrawn consent - can be a very subtle thing. The relationship between the alleged victim and the defendant must be carefully examined. There are many motives behind a sex crimes prosecution, many very legitimate, some questionable, and some quite mixed. Sometimes the prosecutors do not have all of the necessary information when they make their charging decisions. I can help you interface with the prosecutor. I can help you bring valuable information to his or her attention. Detailed and professional studies of the client can help in some situations. This can dramatically change the penalties that you face.
Statutory rape poses different questions entirely. The State of Delaware makes the critical distinction the age of 16 for the alleged victim, but also includes other qualifying factors in charging the how severe the rape charge will be. The victim may have misrepresented her age, or pursued the defendant, or have brought charges against the defendant from many years in the past. These are tough and emotionally charged cases for the defendant.
Charges of Stalking and Aggravated Harrassment can be a disaster for your future. Who wants to be known as a "stalker?" How these types of charges are filed in the first place can often be without critical data, and yet - they still get filed. Domestic or girlfriend/boyfriend issues come to the forefront and newly created criminal felonies like stalkiing result in the indictment. The criminal allegation gets promoted (and remember an indictment is nothing more than an allegation by the state) and the case goes forward, very frequently without the defendant's story every being listened to. Don't fool yourself, this is how it can and often does happen.
Under any circumstances, I recommend that you must be pro-active in order to properly yourself. Police interrogations should be carefully reviewed. Sometimes the defendant has been interviewed while in custody but without appropriate Miranda warnings. The scene of an alleged crime can be a computer or an alleged encounter many years in the past. In some cases the motivations of the alleged victim need to be reviewed carefully. It happens that sometimes an alleged underage victim is improperly interviewed or conditioned to give a suggested response by repeated questioning. Sometimes the alleged victim may be very ambivalent about pursuing a sexual prosecution in the first place.
If convicted, and following a prison term, you will be forced to register as a sex offender, which is akin to a life sentence for your crime. Depending on the level that you are assigned, day care centers, schools, and other facilities that house children will have to be notified. Neighbors may attend community meetings, landlords may ask you to move or even not rent to you in the first place, and your face may end up on government monitored internet sites. Your ability to find or even retain a good job will be severely undermined. Under the Delaware Sex Registry you may be required to notify the state police every time you switch employers or residences. In Delaware you may have to wear an electronic monitor. Moving out of state can be enormously complicated and difficult.
Needless to say, sex crimes must be vigorously defended. A conviction is potentially devastating. The initial interview forms the basis of any good defense. Medical and internet data must be carefully scrutinized. Suppression motions must be a centerpiece of any defense. Do not let the prosecution trample on your rights.
Every conceivable issue that bears on guilt or innocence should be raised. I will help you examine every alternative to minimize or avoid the draconian punishments in this severe area of law. -Kevin ONeill
