Statistics collected by sexual violence nonprofits show that false accusations of rape are relatively rare. That being said, they DO happen. And when it happens to you, the impact can be devastating.
Prosecutors often build sex crime cases largely on the testimony of the accuser, without any forensic evidence. This means that it is possible to be charged with sexual assault even without any direct physical proof that you committed the crime. As experienced Arizona criminal defense lawyers, our goal is to get the charges dropped by proving that no such crime occurred.
Matthew Lopez Law represents Arizonans charged with all types of criminal offenses, including sex crimes. We offer free initial consultations so that you understand your legal rights and options for defending against the charges. To learn more or to talk to a Maricopa County sexual assault defense attorney, contact our law firm today.
Can You Be Charged with a Sex Crime in Arizona without Physical Evidence?
In a sex crime case, physical evidence generally consists of some type of forensic proof that an assault occurred. It may include:
- DNA samples
- Bodily fluids
- Clothing fibers
- Injuries documented through medical exams
Prosecutors often rely on this type of evidence to build a strong case that a sexual assault occurred. This type of evidence is most often available when the alleged victim reports the crime immediately and undergoes a sexual assault forensic exam.
During this exam, which may also be referred to as a “rape kit,” a medical professional will perform a head-to-toe examination of the alleged victim, including the mouth, vagina, and/or anus. The healthcare worker will typically take samples of the person’s blood and urine and collect swabs from the body’s surface, along with hair samples. They will typically also collect the person’s clothing and take photos of any visible injuries.
Many victims of sexual assault do not immediately go to the hospital to have a forensic exam. They may also take a shower, wash their clothes, or do other things that may destroy any potential evidence. This often means that there is little to no physical evidence that a sexual assault occurred.
Many sex crime charges are built not on physical evidence, but on witness testimony. Rape charges and other types of criminal offenses can be brought based on the testimony of the alleged victim and circumstantial evidence. In some cases, digital communications (such as text messages between the alleged victim and the defendant) are used to bolster the witness’s statement that a sexual assault occurred.
It is possible to be charged with a sex crime in Arizona without any physical evidence. Prosecutors may build their case based on statements from the accuser and other potential witnesses and other circumstantial evidence. For example, they might rely on surveillance videos that show that the accused was in the area when the victim claims that they were assaulted.
To win a sexual assault conviction, a prosecutor must prove that the defendant intentionally or knowingly engaged in sexual activity with another person without their consent. They must prove each element of the crime beyond a reasonable doubt. In many cases, the prosecution’s case rests largely on “he said, she said” testimony.
It may seem unfair that you can be charged with and potentially convicted of a felony offense without any physical evidence. Unfortunately, that is the reality in Arizona and in many other states. This makes it all the more important that you contact a Maricopa County sexual assault defense lawyer as soon as possible after learning that you are under investigation for a sex crime.
Steps to Take If You Are Falsely Accused of a Sex Crime in Arizona
If you have been falsely accused of sexual assault or another crime, there are several things that you should do to protect yourself. While you may be tempted to ignore the allegations because you know that you didn’t do it, the ostrich strategy is rarely a good idea. Instead, you should be proactive to protect yourself from a potential felony conviction.
Hire an Experienced Criminal Defense Lawyer
The first thing that you should do whenever you learn about sex crime allegations against you is to schedule a consultation with a Maricopa County criminal defense attorney. This lawyer should have specific experience representing clients accused of sex crimes.
The best way to protect yourself against false accusations is by proving that they are false. Our legal team is adept at gathering evidence to prove that you did not commit a sex crime. We will work hard to convince the prosecutor to drop the charges against you. We will also handle all communications with the police and prosecutor to reduce the risk of you saying or doing something that could impact your case.
Understand the Allegations Against You
Next, you should take the time to figure out exactly what you are being accused of doing. If a police report has been filed, then your lawyer can get a copy of it to analyze it for details such as:
- What sex offenses you allegedly committed;
- When and where these crimes allegedly occurred; and
- If there are any inconsistencies or missing information in the allegations.
Your attorney can then use this information to determine what defense strategies can be employed to get the charges dropped.
Gather Evidence
Working with your Arizona criminal defense attorney, you should start to gather evidence to prove that the allegations are false. In an ideal world, the police would have fully investigated the claim and found this information. Unfortunately, defendants in criminal cases are often responsible for proving that they did not commit the crime.
Examples of evidence that we will seek out include:
- Documentation that you could not have committed the crime because you were somewhere else at the time;
- Prior false accusations that the victim has made against others;
- Evidence to show a motivation for revenge or a strategic advantage (such as to win a custody case);
- Lack of history of sexual misconduct; and
- Character witnesses.
While your lawyer is investigating the charges, you should take time to write down everything that you know about the alleged incident and your accuser. For example, you might note that you had sex with your accuser but explain the reasons why you believed that the encounter was consensual (such as text messages sent by the accuser inviting you to come over for sex).
Prepare a Legal Defense
Once the investigation is complete, your legal team can start to prepare a defense. Depending on the facts of your case, we might argue that the allegations are completely false, that the accuser consented to sex, that you have been misidentified, and/or that you have an alibi. We may also develop evidence to show that your accuser wanted to harm you in some way by making these allegations.
We take a proactive, multi-pronged approach to criminal defense. Our goal is to get the charges dismissed whenever possible through aggressive advocacy.
Charged with a Sex Crime? Call for a Free Consultation.
Any allegation that you committed a sexual offense should be taken very seriously. Even if there is no hard proof that you did it, you could still be convicted of a felony, sent to prison, and required to register as a sex offender. Our law offices will fight to prove your innocence and get the charges dropped.
Based in Tempe, Matthew Lopez Law represents individuals throughout Arizona who have been charged with a range of offenses, including sexual assault and other sex crimes. We zealously advocate for our clients to help them get the best possible outcome. To learn more or to schedule a free initial consultation with an Arizona sexual assault lawyer, give us a call at 480-608-9998 or fill out our online contact form.
Related:
Statutory Rape in Arizona: Understanding the Age of Consent Laws
What Happens If Sexual Assault Charges Are Dropped Before Court?