Sex Crimes Lawyer in Buffalo, NY
Those charged with sex crimes face a lifetime of registration as a sex offender, difficulty getting future employment, and restrictions on where they are allowed to live. The potential damage to your future is considerable. A Buffalo, NY sex crimes lawyer can prevent many of the worst consequences of a sex crimes conviction. If you have been falsely accused of a sex crime, securing competent legal counsel is necessary to have your case dismissed or your charges acquitted.
False allegations happen for a variety of reasons:
- Mistaken identity
- Misrecollection of events
- Misleading forensic evidence
- Official misconduct
- Malicious false accusations
Though false accusations are viewed as rare, they do happen. According to reports, in 2017, there were over 3,500 unfounded cases reported, and of those cases reported, 23% were dismissed due to being "unfounded" or dropped because of "insufficient evidence."
Types of Sex Crimes
Most people think of rape when they are thinking of sex crimes, but forcible rape is only one small part of the law. Sex crimes include:
- Sexual assault, rape, sexual battery, aggravated sexual battery - These are crimes that involve the use of force to coerce someone into having sex against their will. They also involve the use of date rape drugs, or initiating intercourse with someone who is not able to consent. It also includes forcible touching.
- Solicitation of a prostitute - Solicitation of a prostitute is considered a sex crime in New York state.
- Solicitation of a child - Solicitation of a child constitutes the attempt to persuade a child to meet up with an adult that they do not know for sexual purposes. This often involves the internet and social media sites.
- Possession of unlawful pornography - Some pornography, including child pornography, is considered illegal to have in your possession. Charges automatically trigger a sex offender registration requirement. In some states, kids who share their own pictures with boyfriends and girlfriends have been charged as distributers and manufacturers of child pornography under these statutes. In other words, the government is using laws meant to protect children to cause them harm.
- Sexual abuse of a child - The age of consent in New York State is 17. Any adult (over 18) who has sex with a child under 17 can be charged with statutory rape. However, the individual accused of the crime must know that the person is under age or the prosecution will fail.
Defenses to Sex Crimes
Given that the consequences of a sex crimes conviction is so severe, a defendant charged under these statutes will want to vigorously defend themselves. Indeed, there are a number of available defenses to sex crime charges. These include:
- Entrapment - Officers often pose online as children to entice potential defendants to commit a crime. In some cases, this is illegal. The extent of the inducement will determine if the evidence is permissible.
- A motive to lie - Often, sex crimes defenses involve questioning the complainant's story or challenging witness testimony that may be less than credible. In cases where the complainant has a motive to lie, the prosecution can run into a lot of trouble.
- DNA and forensics - In some cases, the complainant may have been assaulted, but they do not know who it was that did the assaulting. They may assume it was one person. In that case, DNA evidence can prove vital in gaining an acquittal or dismissal.
- Suppressing illegally collected evidence - The police must obey the law when it comes to gathering evidence against a defendant. Failure to do so results in that evidence being rejected.
Contact a Buffalo, NY Sex Crimes Lawyer Today
If you have been accused of a sex crime, do not wait until the police come knocking on your door asking for hair samples. Contact a Buffalo, NY criminal defense attorney immediately so we can get out ahead of the accusations and ensure you receive a fair result.