Falsely Accused of Sexual Assault in Connecticut

By: Attorney Erin Field | Posted: 09th November 2010

Whether the accusation comes from a former partner, a date, an acquaintance, neighbor, co-worker or unknown party, being falsely accused of sexual assault carries a great deal of stress and sleepless nights. You have every reason to be truly concerned about the possible consequences of your case. In this day of internet scrutiny, your job, schooling and even your housing could be in jeopardy just by being accused. These elements of your life will certainly be greatly effected if you are convicted of a sex offense.








One reason it is generally easy to falsely accuse someone of a sexual assault is because there are rarely any witnesses to confirm or deny the allegations. When people are going to engage sexual activity they almost always do it in private. This can make it difficult to prove one way or another.








The thing you must remember is that the state must prove the allegations against you beyond a reasonable doubt. If you did not act in a deliberate and aggressive manner towards the complainant, it can be difficult to prove those allegations.








"Why would someone falsely accuse me of this?"








Cases involving false accusations of rape or other sexual assault are more common than many people realize. The media has reported several times over the years that people victimized by sexual assault do not lie about it because of humiliation, further victimization by the courts, and other social factors. Rarely, if ever, do we hear about the cases where alleged victims are caught in a lie or admit to lying outright and only in clear cut cases of abuse of the judicial system will a complainant face a charge of filing a false complaint.








There are many reasons people can lie about being the "victim" of a sexual attack.








1. To get sympathy and attention.








2. To "get even" either with a former dating partner who hurt them in the past or to act on a vengeance against a prior attacker.








3. To prevent their current partner from "finding out" about a recent tryst with a forbidden other.








4. To win the edge in a custody battle.








5. To prevent getting into trouble with parents for coming home late or breaking other family household rules.








6. To sue in civil court in the hopes of both adding credibility to criminal charges AND receiving money for alleged injuries.








If you have been falsely accused, you should hire a lawyer who is not afraid to aggressively confront your accuser. People who lie about sexual assault need to be shown that this type of behavior, which can be devastating in so many ways to the accused, is highly unconscionable and illegal. As the accused, you have rights as well and you do not have to "plead out" to avoid jail or a trial only to be a registered sex offender for the next 20 years or more.








With the help of an experienced criminal defense lawyer, you can fight and win your sexual assault accusation!








The goal of getting the help of a criminal defense lawyer is:








* No jail








* No sex offender registration











Offenses Involving Adults








The issue of consent is very often present when the case involves adults only. In representing you, a lawyer will thoroughly investigate this issue and be sure this element is examined and pursued to the fullest. Other factors include the possible relationship between the parties, existence of any injuries, whether alcohol or drugs were involved.








There are various sexual offenses which range from misdemeanor to felony charges.








CT Rape Shield Statute








This statute is designed to prevent a sexual assault victim from having his or her sexual past from being put on trial in certain circumstances. This 14th Amendment right to privacy must be balanced against the 6th Amendment right of the accused to confront witnesses against him or her.








There are 4 issues with regards to evidence admissibility:








1. If excluding evidence of the alleged victim’s sexual conduct would violate the constitutional rights of the accused, the evidence may be admitted.








2. The accused may allege sexual conduct with the complainant only if consent is the defense.








3. The accused may allege sexual conduct with others to show the source of injury, disease or semen








4. The accused may rebut any evidence testified to on direct examination











It is vital to note that even with the popularity of forensic evidence and rape kits, DNA evidence is NOT required for the prosecution to get a conviction. While this may seem to defy common sense and the principles of proof under the law, to require victims of alleged sexual offenses to submit to such examinations would be overly invasive and probably unconstitutional.








Polygraph Evidence








If you are charged with a sexual assault, you may want to consider taking a polygraph examination. These are performed by licensed polygraph examiners and can assist in your defense. If the results show that you are telling the truth, this information can be presented to the prosecutor who will most likely consider the wisdom of continuing to pursue the case against you as the results of the polygraph can be admitted as evidence in your trial to assist in proving your innocence. While these results will not guarantee a dismissal, they can be very effective in your defense.








In the event your results are inconclusive, or that they show a lack of truthfulness on your part, they do not have to be discussed with or shown to a prosecutor. Your attorney will continue to work hard on your defense and will simply disregard these results.











Sexting








The laws pertaining to sending text messages of an overtly sexual nature is still in the developmental stage. The most recent law was enacted October 1, 2010. The law – Public Act 10-191 – spells out the various classifications of offenses. The images contained in a text message of a naked child under 18 years old are considered child pornography.








A broad reading of the law prohibits sending a text message containing overt nudity of a person under 16 years of age. There are both felony and misdemeanor classifications depending on the age of the recipient and the quantity of text messages received.








The Class A misdemeanor offense involves two elements:








1. The recipient must be 13 to 17 years old.





AND





2. The sender must be 13 to 15 years old AND be the subject of the photo.








Conviction for this offense can mean one year in prison and a $2,000.00 fine.








Any person convicted of felony possession of child pornography must register as a sex offender. If jail time is avoided, these convictions can involve longer periods of probation. A felony conviction can be avoided due to the existence of affirmative defenses which include less than 3 visual images possessed by the accused in addition to the actions of the accused to avoid possession of the depictions/photos and their subsequent destruction including contacting law enforcement to report the unwelcome receipt of the images.








If you’re accused of a sex crime, you’ll need the help of a qualified criminal defense lawyer who is experienced in sex crime cases.








Attorney Erin Field, criminal defense lawyer in Connecticut, has solid experience in handling sex offense cases and will make sure your rights are protected. If you have are accused of a sex crime or other criminal charges, find out how attorney Erin Field can help you. Call her to discuss your case for free. Visit http://hartfordctdefenselawyer.com/
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Tags: sleepless nights, co worker, accusation, sexual activity, attacker, humiliation, jeopardy, social factors, sexual assault, reasonable doubt, judicial system, complainant, tryst