Under the Tennessee Code, there are numerous offenses that are categorized as sex crimes. They include but are not limited to rape, rape of a child, indecent exposure, incest, criminal sexual conduct, criminal exposure to HIV, assault with the attempt to commit rape or sexual battery, aggravated spousal rape, and many more.
The issue with sex crime allegations is they're often “he said she said” cases. Frequently, the alleged offense took place in the dark of night or in the privacy of a person's home and there wasn't anyone around to witness it. This is why these cases can be very tricky for the prosecution when a crime did take place, and for the defense when an innocent defendant is wrongfully accused and facing false allegations.
Are You Wrongfully Accused?
If someone is falsely accusing you of rape or another sexual offense in Tennessee, join the club. Unfortunately, it's not unusual for people with ill intentions to falsely accuse someone of a sex offense when they are mentally unstable, seeking attention, or trying to get the upper-hand in another court case, often involving divorce or child custody.
“Can sex crime allegations be defended? Can a suspect have a fighting chance, especially when there were no witnesses to the alleged crime?” Yes, absolutely. Rape or sexual assault defenses typically include the following:
- Admitting that the event occurred but stating it was consensual; no force was involved.
- Saying that the event never occurred and the alleged victim is making it up. Sadly, this happens sometimes; alleged victims can lie. If there is no physical evidence, it can help support the defendant's case.
- Saying there were witnesses who can vouch for the defendant's innocence, and getting these witnesses to testify on the defendant's behalf.
- Arguing that the crime couldn't have taken place because the defendant was someplace else at the time of the alleged event. In this case, the defendant must be able to show supportive evidence backing up their alibi.
- Claiming insanity or mental incapacity at the time the crime took place. This usually applies to mentally-challenged individuals who do not understand consent to sexual contact or intercourse.
Are you accused of a sex crime in Murfreesboro? If so, our criminal defense attorneys understand what a stressful situation you are in and how it can impact not only your freedom, but your reputation in the community. To learn more about your defenses and mandatory sex offender registration, contact us at The Clarke Law Firm today.