Sexual Assault Defense Attorney in Phoenix, AZ

Potential Defenses for Sexual Assault in Arizona

In order to establish the best defense for a sexual assault case, after ruling out things like illegal search and seizures or a statute of limitations violation, the Belén Law Firm will explore both technical defenses as well as holistic defenses that show the lack of credibility for the prosecution.

Statute of Limitations Violation

The Arizona statute of limitations protects individuals from having to defend themselves against alleged offenses so far in the past that the facts become obscured. Generally, the clock starts ticking from the time the alleged sexual assault took place. If the defendant isn’t formally charged with the crime before the statute of limitations is up, he or she cannot legally be prosecuted. If we find that the prosecuting attorney’s office is attempting to prosecute one of our clients in violation of the statute of limitations, we will file a motion to have the charges dismissed immediately.

Not All Elements of Sexual Assault are Proven

In Arizona, a person commits the crime of sexual assault by meeting ALL of the following:

• The defendant engaged in sexual intercourse or oral sexual contact with the accuser
• They acted knowingly or intentionally
• They without consent from the accuser

In order to convict someone of sexual assault, the prosecution must prove all of these elements beyond a reasonable doubt. If the prosecution fails to prove even one of these, the defendant will be acquitted. 

An effective strategy is to find the weakest point of evidence and vigilantly attack it for one or more elements of the alleged crime.

Not Enough Corroborating Evidence

Physical evidence, such as DNA, bruising, or semen is not always available in cases where the accusation was made well after the alleged contact. It is also not often available when the contact does not involve penetration or use of force, or, of course, when there are false allegations made. When there is a lack of physical evidence, the judge or jury must determine whose version of the story is more credible. Therefore, the goal of any criminal defense attorney is to discredit the prosecution’s tale of events and build credibility for the defendant.

Even if there is corroboration evidence available, however, one must realize that this still doesn’t always mean that the accusations are true. In addition, having this evidence gives us the opportunity to examine, analyze, and use it to discredit any false accusations. 

Creating Reasonable Doubt with Accuser’s Statements

Before beginning any trial, Belén Law Firm will meticulously inventory every single statement given by the accuser and his or her witnesses. This gives us the ability to recognize and explore any remarks that are inconsistent with previous statements. It also gives us the ability to capitalize on statements that can be proven implausible, sometimes even impossible. Testimony that generates unreliable statements should be inferred by the jury as inconsistent with what’s expected from someone telling the truth and thus, creates reasonable doubt.

False Allegations

Unfortunately, false allegations are relatively common in cases of sex crimes. As a result, proving that the accuser made false accusations and establishing their motivation can be an extremely relevant defense. A thorough pre-trial investigation of the accuser’s background, as well as the circumstances surrounding the allegation, can uncover facts that can easily stack up to motivation.

A few of the motives for an individual to make false claims include:

• Embarrassment. Even though the accuser involved themselves in a consensual sexual encounter, the person may make a false accusation to cover up the fact that he or she willingly participated out of embarrassment. 
• Revenge or Contempt. A person may make accusations in an effort to seek revenge or because the accuser has developed contempt for the defendant. 
• Financial Incentive. A false sexual assault accusation can be a way for one person to gain money from another. More often than not, these accusations are intended to take place without the involvement of law enforcement. Although we see this with celebrities, this can happen anytime the accuser believes that the defendant will have no choice but to comply with his or her demands. A classic example is extortion associated with extramarital affairs. 
• Divorce and Custody Disputes. One parent may falsely accuse the other of having sexually molested one or more of their children in order to gain an edge in family court. This has become so common that there have even been books, articles, and podcasts written about it over the past decade.

Use of Expert Witnesses

Expert witnesses testify about facts or general areas that are beyond the knowledge of the typical juror. There are forensic psychologists who can analyze videotaped interviews, especially with respect to children. This area of the law is evolving and is almost a necessity for most of the defenses in trial. 

An expert witness can also expose what are called “taint” hearings. Taint occurs when a child is subjected to biased or suggestive interviews. Parents, teachers, police officers, even therapists often ask leading questions, such as “he touched you there, didn’t he?” Sometimes, the adult is not even aware of the suggestive nature of his or her questioning. Other times, the adult may deliberately or maliciously attempt to distort the child’s understanding of what actually happened. Either way, children who are eager to please adults will often give the answer that they feel like the adult wants to hear and can even build false memories that never actually occurred.