Without an effective strategy (a compelling theory of your case) there is no path to victory. But I’m innocent, you tell yourself. I’m entitled to the presumption of innocence, you say. And you are legally correct. However, that is not reality.
This groupthink mentality is held tightly in place by “confirmation bias,” the all-too-human tendency to accept facts and evidence consistent with one’s beliefs and reject facts and evidence inconsistent with those beliefs, no matter how compelling the contrary evidence may be.
Prosecutors hire junk science experts to testify regarding these so-called syndromes to explain away delays in reporting and inconsistency in accusers' testimony as “myths.” Courts allow this notwithstanding the demonstrably unscientific basis for these so-called “syndromes.” Further, unfair laws have made it much easier for prosecutors to win false convictions and impose extraordinarily long prison terms.
This all adds up to the sad fact that everyone, from the police to prosecutors to professionals to the general public, will generally accept the accuser's word at face value but demand ironclad corroboration for anything the accused offers in his or her defense. This is because our society has been brainwashed to believe that there is no such thing as a false sexual misconduct allegation.
This leaves the accused in the untenable position of proving their innocence instead of being presumed innocent. This is why sex crime defense strategy is of paramount importance.
The key to winning a sex crime case is the strategy or theory of the case. The job of you and your legal team is to answer the question: If the allegation is not true, why would the accuser have made the allegation, especially given the innate hardships and embarrassment involved in making a sexual misconduct claim? You can bet the prosecution will never answer this question and may do everything possible to obscure such evidence.
The answer is usually grounded in a conflict, if not with the accuser, then with someone close to the accuser.
Many of these accusations originate in a falling out between parents, especially if a custody battle ensues. One parent, usually the female, will suggest to a child that the male partner had abused him or her. The accusing parent will continually subject the child to negative talk about the accused parent in what is sometimes referred to as “parental alienation” (really just a fancy way of saying “reaching hatred”).
Well-meaning but misguided (because they assume every allegation is true), mental health and forensic interview professionals may consciously or unconsciously engage in suggestive questions. This can be done by repeating the same accusatory question many times. For example, asking, “Didn’t your stepfather touch you inappropriately?” Children are particularly vulnerable to what is known in psychological circles as “suggestibility.”
A child may feel abandoned and seek revenge. Another common scenario is a stepparent who oversteps his disciplinary authority. The following scenario is almost cliche: The stepfather becomes aware that his 14-year-old stepdaughter is exchanging sexually suggestive texts, photos, videos or other information with a male friend. The stepfather confiscates the smartphone to inspect the teenager’s social media. In an effort to cover up sexual activity or even a pregnancy, the teenager fabricates a tale of sexual abuse. The next thing anyone knows, she is telling the school counselor (a legally mandated reporter) that her stepfather molested her.
These are just a few of the unlimited number of scenarios giving rise to false accusations. The bottom line is that without explaining the accuser's motivation to lie, the accused is highly unlikely to prevail.
Yes, other factors, such as inconsistent statements by the accuser, may be important. However, they seldom, in and of themselves, result in an acquittal.
A competent legal team must review every piece of evidence with a fine-tooth comb. The accuser’s social media must be investigated. Efforts must be made to interview individuals with knowledge that may explain the motivation to falsify. This can take considerable time, money and resources, but it is the most essential building block to a successful defense.
Many attorneys are lazy or do not know how to recognize and uncover such motivations. Unfortunately, attorney work habits don’t usually change, no matter how many times a client may call or email.
Experienced and competent counsel will thoroughly investigate every case and prepare it for trial to develop a full understanding of the evidence for false accusations. Only then will the prosecution offer the best possible deal, and only then will counsel and the client be able to evaluate any such offer properly. If the case proceeds to trial, the accused will then be in the best possible position to win an acquittal.
Every moment of your case is with an attorney who cannot formulate a clear and effective case strategy damages the client’s chances of prevailing. The more complicated a matter, the greater the chance for damage ensuing. There are no cases more complicated or difficult than cases involving charges of sexual misconduct. The Innocence Legal Team has tried and won more of these cases than any other California law firm. Please click the link below and let us get started helping you without delay.