Defending False Allegations Involving Sexual Assault of a Minor
People who have been falsely accused of sexual assault of a child know how unfair the criminal justice system can seem. Allegations alone can ruin hard-earned reputations and careers. Citizens falsely accused of sexual assault of a child are often presumed guilty by the public before trial begins. Long before the public trial, the media often paints the accused as a monster. Fortunately, in our judicial system any person charged with any crime, no matter how violent or revolting, is presumed innocent in the courtroom regardless of public opinion. The accused also has the right to effective advocacy and an attorney to fight for him.
Nebraska Penalties for Sexual Assault of a Minor
In a first degree sexual assault case (in which sexual penetration must be proven), if the alleged victim is under 12 years old and the alleged perpetrator is over 19, the potential penalties are 20 years to life in prison with a mandatory minimum sentence of 15 years and lifetime sex offender registration. The same is true for a person over 25 when the alleged victim is between the ages of 12 and 16.
Anyone who has been previously convicted of sexual assault of a minor faces a mandatory minimum of 25 years in prison.
For allegations involve sexual touching but no penetration the case is often charged as third degree sexual assault of a minor. In these cases accused faces a penalty of up to four years in prison for a first offense.
Those convicted of child sexual assault not only face lengthy prison sentences but must also register as a sex offender with the Nebraska State Patrol. There are other civil disabilities associated with a felony conviction as well such as loss of right to possess a firearm and loss of the right to vote and hold public office.
Fighting False Allegations
There are few worse labels than “child rapist.” Individuals falsely accused of sexual assault of a minor are often anxious to prove their innocence. Fortunately for the accused, he has no burden to prove his innocence. The burden is instead on the government to prove the case beyond a reasonable doubt.
The falsely accused has the ability to fight the false allegations by using investigators and investigative tools, expert witnesses, depositions, and a zealous criminal defense attorney.
While some cases are won with physical evidence such as copies of social media posts, photographs, text messages, DNA, and false written statements of the accused, other cases are won based on witness testimony which can include alibis, character evidences, conflicting witness statements, and expert witness testimony.
The criminal defense attorneys at Berry Law have fought false allegations in several types of cases including child sexual assault. Contact Berry Law to discuss your defense today.