In any sex crime case, it is crucial to establish a theme for the defense early on, and build the case around that theme throughout the criminal process. There are a number of angles that can be taken and many potential details to bring up throughout investigation and trial, but without a theme, it may just seem like a lot of unconnected and incoherent evidence that could be hard for a jury to understand. Working with an experienced sex crimes lawyer will allow you to design a unique criminal defense strategy based on the specifics of your case, taking into account the strategies and themes that have been successful in past Michigan sex crime cases.
The theme of a sex crimes case should focus both on the key details the defense wants to highlight, as well as the points that the prosecution will be focusing on. It is critical to establish a theme as soon as possible, because it needs to be considered during jury selection and other critical stages of the case. Contact a Michigan sex crime defense lawyer as soon as possible and begin working to build an individualized defense strategy for your case. Establishing a sex crime case theme is essential after charges of CSC, rape, statutory rape, sex with a minor, or any other sex offense charge. A skilled defense lawyer will be able to inject the theme of the case into every question asked, piece of evidence presented, motion put forward, or any other statement made throughout the case.
Without physical evidence in a sex crime case, the jury can still believe the alleged victim yet not have the necessary evidence to render a defendant guilty. If the jury finds the defendant to be credible, or if they are unsure about the truth of what the defendant is saying, then the case has not met the requirement of “proven beyond a reasonable doubt” and the defendant should not be convicted. No matter what the theme of the case, a sex crime defense should be constructed with this in mind – it is not the defendants responsibility to prove his or her innocence beyond a reasonable doubt, rather to simply put doubts in the minds of jurors about the prosecution’s case.
There are a number of strategies, which effectively aid in reaching a favorable outcome. First, it is critical to find inconsistencies in the prosecution’s case or the alleged victim’s testimony, or show other reasons why he or she is not credible. It is never a good idea to simply call out the defendant for lying, unless it is possible to demonstrate specific instances where he or she has made a mistake. In addition, the ulterior motives behind accusations are crucial to any sex crime defense, and should be incorporated into the theme of the case. If the alleged victim has reasons dating back to before the alleged event to be angry with the defendant, it can indicate that there are other reasons for the allegations. In some cases, especially those involving children, it can also be possible to demonstrate that the witnesses have been coached to say specific things, and rather than telling the truth, are simply telling the court what they were told to say. This can be a powerful detail to incorporate into a defense theme, because it can provide the jury with an explanation of why the witness is saying what he or she is saying even if the alleged actions did not occur.
The way in which questions are presented, the attitude of the attorney, and even details as small as the tone with which points are offered can play a significant role in a criminal case, and should be considered when deciding upon a theme for a case. Jury selection may be one of the most important times in a sex crime case, as the preconceptions of jurors and their attitudes concerning specific details of a case can play a large role in the eventual result. If the jury chosen lines up with the theme a defense attorney has chosen for a sex crime case, it is much more likely that the desired result will be achieved.
To speak with a sex offense lawyer in Michigan, call 1-800-342-7896 now or contact us online. Grabel & Associates has over a decade of experienced working with Michigan’s accused and will do whatever it takes to help you achieve the best possible case result.