Sex crimes are different from other criminal offenses. They carry some of the harshest punishments under Missouri law. Convicted sex offenders also face heavy public stigmatization that follows them for the rest of their lives. As such, acting quickly to build a criminal defense could be critical to remaining free and protecting your reputation.
The attorneys at Combs Waterkotte have over 60 years of combined legal experience, which we can use to mount a robust defense if you’re facing sex offense accusations. Contact us online or at (314) 900-HELP to learn about the defenses you may have to your charges.
This article will cover the following:
- Reasons why immediate action is necessary to fight accusations or charges of sex crimes
- The typical process after an accusation of a sex crime in Kansas City
- How a sex crimes lawyer can defend your rights and reputation
Reasons You Must Take Immediate Action After Charges or Accusations of a Sex Crime in Kansas City, MO
Delays in defending yourself can work to your disadvantage. Here are a few reasons to take immediate action when accusations come to light.
Your Attorney Might End the Investigation Before Charges Are Filed
Sex crime cases generally require an investigation. An accusation by itself isn’t enough to give the police the grounds to arrest you. Rather, the police must gather evidence to support the claim.
Hiring a lawyer right away could prevent prosecutors from charging you with a sex offense. Your sex crimes attorney may be able to provide exculpatory evidence, such as an alibi, that proves you couldn’t have committed a sexual assault or similar crime.
Even if you’re eventually acquitted, waiting until charges have been filed could have consequences. The media could brand you a sex offender despite your escaping conviction. Therefore, it’s in your best interests to end an investigation quickly if you have the evidence to do so.
You Need Representation During Questioning
Another reason to act quickly after a sex offense accusation is to avoid mistakes during questioning.
Under the Constitution, you have the right to remain silent during police questioning. However, you may wish to answer questions to clear your name. A lawyer can represent you during questioning so you can provide answers that help you without inadvertently implicating yourself.
Your Lawyer Can Protect Your Rights
The police have powerful tools to investigate sex crimes in Kansas City. They can search your body or property. They can even lie and try to manipulate you. However, the law sets limits on how they can use these tools. Your attorney can make sure that police officers and prosecutors follow the rules and respect your rights.
For example, the Constitution’s Fourth Amendment lays out where and how the police can search for evidence. If the police or prosecutors conduct an unlawful search, you have a powerful defense against your charges.
Similarly, the Fifth Amendment shields you from coerced confessions, while the Sixth Amendment establishes your right to legal representation. Moreover, the police must inform you of these rights when arresting you. If they cross the line while questioning you, your lawyer can have any illegally obtained evidence thrown out.
An Attorney Can Gather Fresh Evidence
When you contact a lawyer promptly upon being accused of a sex crime in Kansas City, you give yourself the best chance of challenging the state’s evidence against you.
Memories fade, and physical evidence can be contaminated or lost. Your lawyer can interview witnesses and have physical evidence tested so they’re prepared to impeach it or exclude it from your trial.
What Happens After Sex Crime Accusations in Kansas City, MO?
Sex crime accusations usually start with a direct or indirect report to the authorities. In other words, the alleged victim may contact the police to accuse you of a criminal offense.
Accusations can also come indirectly from people other than the alleged victim. Under Missouri law, the following individuals are required to report suspected sex crimes against vulnerable people in the state’s custody, such as minors, prisoners, and seniors in state-run facilities:
- Physicians, nurses, and other healthcare providers
- Medical examiners
- Teachers and school administrators
- Day care workers
- Social workers, psychologists, counselors, and other mental health professionals
- Physical therapists
- Pharmacists
- Ministers
- Employees of residential and long-term care facilities
- Government workers in the Departments of Social Services, Mental Health, and Health and Senior Services
- Home healthcare workers
- Probation or parole officers
- Police officers
- Caretakers
These reporters must contact the police to report the information they learned from the alleged victim. Depending on the circumstances, you could face accusations made years or even decades after your last contact with the alleged victim.
Investigation of Sex Crimes in Kansas City
The police will typically speak to the alleged victim first. Detectives will collect evidence, including physical objects that can be tested for fingerprints and DNA. They’ll also collect relevant documentary evidence, such as medical records and communications between you and the alleged victim.
Law enforcement officers will also want to interview you and search your property. This is the point where you should consider hiring a lawyer, as they can use any information you give them in your prosecution. Your attorney can challenge the evidence and present mitigating and exculpatory evidence to defend you.
If the police proceed with an arrest, they’ll book you into jail. Prosecutors will then prepare the charging documents and file them with the court.
Trying Sex Crime Charges in Court
You’ll be informed of your charges during your first court appearance. The judge will ask you to enter a plea. By contacting a lawyer early in the process, you’ll already have a plan for your arraignment.
Next, the court will determine whether to release you until your trial. Your legal representative will have evidence and arguments ready to push for your release on recognizance or bail.
During the pre-trial phase, you’ll receive the prosecution’s evidence. Your lawyer will thoroughly review and begin identifying ways to challenge it.
At trial, the prosecution will present evidence that you committed a sex crime. They
must prove your guilt beyond a reasonable doubt. To prevent this, your lawyer will focus on building a case that undermines their evidence.
For example, if you’ve been falsely accused, your attorney will find ways to expose gaps in the alleged victim’s testimony. They may also present affirmative defenses, such as consent.
Before turning the case over to the jury, your lawyer will make closing arguments to advocate for an acquittal.
Contact Combs Waterkotte to Push Back Against Accusations of a Sex Crime in Kansas City, MO
Sex crime accusations could upend your life. Contact Combs Waterkotte at (314) 900-HELP or through our website to learn more about how we can defend you and help you take your next steps.
