One of the most serious crimes that a person can be accused of is sexual assault. Many criminal defendants are alarmed to find that they are accused of such crimes by mere statements without any supporting evidence. Unfortunately, such accusations may be enough to support an arrest and eventual conviction under Colorado law, underscoring the importance of working with an experienced Colorado criminal defense firm, such as The Law Offices of Elaine E. Lukic. If you are facing allegations of sexual assault, contact us today for a confidential consultation.
What Is Considered a False Allegation of Sexual Assault?
A false allegation of sexual assault can occur under various scenarios, including:
- An alleged victim reports forced sexual contact when no sexual conduct occurred.
- An alleged victim complains of sexual assault when the sexual conduct was consensual.
- An alleged victim reports sexual assault against someone who did not commit the assault.
If you find that you have been accused of a sexual assault that you did not commit or that the alleged victim is exaggerating claims, do not hesitate to reach out to an experienced criminal defense lawyer for assistance.
What Proof Is Necessary to Arrest Someone for Sexual Assault?
Before police can arrest someone, they must have probable cause to believe the accused committed the crime. Probable cause is defined as a reasonable belief that a crime occurred and that the defendant committed it.
Various forms of evidence may help support a finding of probable cause. For example, DNA evidence may help show that an accused person had sexual interaction with the alleged victim. Blood evidence could help show a violent encounter. Physical evidence could also include torn or bloody clothing.
Digital evidence is also sometimes used in these types of cases, such as communications via text or social media. Video evidence may also show the act or factors leading up to it. Witness statements can also be used to support sexual assault arrests.
Even without physical evidence or other corroborating evidence, police may sometimes arrest someone for sexual assault if the victim’s statement alone provides a basis for probable cause. Police are not legally required to find physical or other evidence to independently support the victim’s version of events.
How to Fight Accusations of Sexual Assault
Knowing that no real proof is necessary to support such arrests, it is important to know how to fight against these serious types of charges. Some potential defense strategies your criminal defense attorney might employ include:
- Exposing inconsistencies in the alleged victim’s statements to police, others, and during trial
- Presenting an alibi to show it wasn’t physically possible for you to have committed the crime
- Presenting evidence that refutes the alleged victim’s version of events
- Using experts to challenge the prosecution’s evidence
Call a Skilled Sexual Assault Lawyer for a Confidential Case Review
If you are facing accusations of sexual assault that you believe are not supported by proper proof, you need the help of an experienced criminal defense lawyer. Attorney Elaine E. Lukic spent her career as a former sexual assault and domestic violence prosecutor and now uses her considerable talent to protect the rights of the accused. Call The Law Offices of Elaine E. Lukic at (888) 565-2217 or fill out our contact form for a confidential consultation.