How Often Do You See Cases Where The Alleged Victim Recants Allegations?
Once a complaint is made to the police by the accuser, the accuser loses control. They cannot dictate whether to press charges. If the police believe they have probable cause, they can move forward without the consent of the accuser. It is up to the district attorney in State Court cases or the City Attorney in City or Municipal Court to dismiss the case or not. There are various ways you can compel the victim to testify for the defense, but you have to be very careful that you are not accused of intimidating, retaliating, or tampering with a witness, which is a felony.
A recantation of allegations by the alleged victim occurs from time to time. It all depends on the particular facts and circumstances of each case. Recantation does not automatically mean that the case is dismissed but may help in obtaining a resolution which you would not get in case of no recantation.
What Are Some Potential Defense Strategies That You Use In Sex Crime Cases?
There are various defenses to a sex crime. One of the most commonly used defenses is that the encounter was consensual but now there is regret. Another is the jilted lover, where he or she found out that their partner was having an affair with someone else and created a false accusation as retaliation. Also, Mistake of Fact Defense; Delays in Prosecuting the case; barred by statute of limitations; Diminished Capacity and Insanity; Voluntary or Involuntary Intoxication; Financial motive of accuser or alleged victim; Revenge or Contempt; Divorce or Child Custody Dispute; Embarrassment or Shame of Accuser; Creating Reasonable Doubt; It all depends on the various facts of the case. These are some of the possible defenses in sex crime cases.
What Are Some Penalties And Lifelong Consequences Associated With A Sex Crime Conviction?
Once you get a conviction for a sex crime, you generally cannot have the record sealed for adults or expunged for juveniles in Colorado. There are other serious penalties, including indeterminate sentencing to prison for felonies; and the county jail for misdemeanors. The court can sentence you without limit until you successfully complete the sex offender management board treatment and there is a decision made that you are no longer a risk to society, if you are released. You will be required to register as a sex offender, which may affect your employment and housing opportunities. Most of the time, you will be denied a visa for entry into other counties, even to visit family. If the crime was against a child, you may be prevented from having any contact with any child, even if it is your own unless approved by your treatment team, which includes your treatment providers and probation. The consequences to sex crimes are many and the above is just a few possible consequences.
For more information on Recanting Of Sex Crime Allegations In CO, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 557-4425 today.