Ultimate Guide to Defending False Allegations and Overcharged Allegations of Sex Crimes

Top 20 Sex Crimes Defenses

False Allegations in Custody Battles

Sex Crimes allegations are the most falsely used claim in the American justice system.  Many times, these claims arise for the first time as people are going through a divorce and are having a custody battle.

It can be used as a weapon for separating a parent from their child and used as leverage for obtaining parent decision-making power, sole custody, higher awards of spousal maintenance, etc.  We know this sounds horrible, but unfortunately, this happens all too often in Arizona.

False Teenager Allegations

Sometimes allegations are made falsely against a person merely to gain some other type of advantage or benefit.

For example, studies have shown that the highest rate of false allegations (one study showed up to 45%) are made by girls ages 14 to 17 against a stepparent or mother’s boyfriend in order to improve a living situation.

Many times, when this occurs the stepfather or mother’s boyfriend is removed from the home and the accuser then moves into a better living circumstance that is more lenient, or they now stay at home and not only receive attention, but are actually rewarded through gifts and time furnished by a mother who now feels “guilty.”

False “Me Too” Allegations

Some cases we have seen quite often are situations with college girls who will drink and have consensual sex, and then become irate after they have been “slut shamed” , and then they falsely allege that they were “drunk and unable to consent.”

We have handled dozens of cases at Title 9 /School Disciplinary Hearings throughout all the major universities and schools throughout Arizona.

These cases are much more defensible nowadays thanks to the use of social media and the fact that everybody is taking video and pictures during a party at all times.  We have gone back and interviewed numerous witnesses and gathered videotape in order to show that an accuser was not falling down drunk and was affectionate and forthcoming with the accused (i.e., such as holding hands, kissing, and making sexually provocative statements).

Suggestibility of Children

Children’s brains are not fully developed and many times they can be manipulated.  For example, studies have shown that the male brain does not fully develop until 26 years of age.

The younger a person is, the more suggestible they are.

Many children of a young age believe in Santa Claus and they believe they saw him in their house.  Sometimes this is through a dream or a semi-dream state that they later interpreted to be real.This “False Memory Syndrome” was put on full display in the famous McMartin preschool trial in California where kids testified that they were witness to satanic rituals and beheading of animals at the zoo while they were being molested.  During the trial, the stories became more fantastic and impossible.

Eventually, the McMartin’s were found Not Guilty and everybody agreed that children were very susceptible to memory manipulation.  The first person to question a child is usually the most important in regards to suggestibility.  For example, when someone asks, “did he touch your privates?”, almost always a child will say “yes”.

If additional specific questions are asked, they will continue to say “yes”.  That’s why it is important that a professional Forensic Child Interviewer be the first person to go into any real detail with a child, otherwise a well-meaning relative, teacher, family friend or uneducated police officer can create a false criminal case.

Faulty Computer Crime Analysis and Mistaken Conclusions

Many cases of Child Pornography/Sexual Exploitation of a Minor are created through file sharing websites.  Many people will go to one of these sites, see music and videos that they would like to have, and then click the “browse all” button.  Unbeknownst to them, they may be downloading files that contain child pornography.

For example, our Expert Witness has a demonstration in Trial where she searches for “cute kitten” videos which rapidly takes her to Porn Hub. Once she clicks on Porn Hub for a half a second and clicks out, she then shows the jury that approximately 20,000 images were downloaded in less than 1 second.

Although none of those images might be child pornography, it shows how quickly a digital download can occur in the modern world.  Lastly, issues with “unallocated space” and “incomplete files” are also a strong defense.  Often times a person will attempt to open a file, only to get the spinning wheel logo, also known as “buffering,” that lasts endlessly.  They will then click out of that file and it will become an “incomplete download.”

However, the Prosecutor will claim that the person not only knowingly downloaded child pornography, but also knowingly/intentionally viewed it.  This can be successfully defended with a high-quality Forensic Expert and a Certified Criminal Law Specialist as a Sex Crimes Attorney.

Diminished Capacity and Mental Issues

Many people are on the autism spectrum and will download child pornography without realizing the seriousness of what they are doing.  SARRC – Southwest Autism Research and Resource Center – has sent our Firm many concerned parents in the past.

We have been able to show that these issues/actions by a person who is on the spectrum does not justify prosecution, or it justifies a greatly reduced charge with probation and no prison or jail.

Other issues of diminished capacity and mental health problems would include ADHD, ADD and OCD.  Lastly, juvenile offenders have underdeveloped brains, as well as those with lower IQs and diminished capacity due to traumatic brain injuries and birth injuries.  Both of these diagnoses can be utilized to keep charges from being filed, to get charges dismissed or have them greatly reduced.

Tainted Evidence

Many times, evidence of computer crimes can become tainted through mishandling.  For example, the police are required to “clone” a hard drive once they take it into evidence.

The police then analyze only of the cloned hard drive to make sure they don’t accidentally alter the original hard drive.

Many times, we have been able to show this cloning process was done incorrectly.  Other issues revolve around those who had access to the original computer (such as roommates and/or visitors), because they could have been utilizing that device rather than the Defendant.  Lastly, Wi-Fi issues occur when a neighbor in the vicinity of a Defendant’s house will “piggyback” onto a person’s Wi-Fi and then begin downloading child pornography or reaching out and soliciting minors for sexual activity.

If the police incorrectly gather this evidence, it’s possible they could taint the evidence that they do gather and collect.

Evidence Garnered through Illegal Search and Seizure

All search warrants have to have what is known as a “Search Warrant Affidavit.”  This is where the Officer specifies not only the exact reasons for a search, but the exact areas and the time of the search.

The Judge will read this instrument and then sign it if they find “Probable Cause.”  If the Officer has exaggerated evidence or outright lied in the Affidavit, then all items in the search can be suppressed.  It is also important to make sure the search was not executed outside of the time or place parameters specified in the warrant.

Usually this time parameter is between 6 AM and 6 PM, or something of that nature.  Also, certain rooms are specified to be searched, i.e., the bedrooms as opposed to the garage.  It is important to make sure the Officers did not enter rooms they were not supposed to go into while executing a search.

Lastly, many times the police will pressure a Defendant into giving them their cell phone passcode so they can access the cell phone.  If a person invoked their right to remain silent, or if they were threatened or coerced to give that information, then all items seized in the cell phone can be suppressed.

Police Bias, Exaggeration, Coercion and Outright Falsehoods

Many police Officers wear body cameras that are known as “AXON Video Cameras.”  However, many officers will not tap the AXON camera with their hand in order to activate it prior to doing searches or questioning.

It looks very suspicious if they did not videotape everything of relevance.  In addition, the police are supposed to read a suspect their Miranda Rights and all questions being answered have to be voluntarily given.

If the police used coercion, threats or promises, then any or all inculpatory statements can be suppressed.  Finally, some Officers just flat-out lie in their police reports.  It’s important to have a Firm that will utilize both sex crimes attorneys and Private Investigators to interview all witnesses involved to expose these Falsehoods.

Common Sex Crime Charges