John R. Garey
Sex Crimes Defense in Delaware
Sex crimes are considered very serious not only in Delaware, but on a federal level. Anyone who is charged with any sexual crime will likely face a variety of charges at both the state and federal level. It is important to secure the services of a specialist law firm with a deep understanding of the nuances of sexual crime in order to move forward with a vigorous legal defense and clear your good name. Contact our Delaware sex crime defense lawyers for a free consultation. Serving New Castle County, Kent County & Sussex County, Delaware.
Although people in the United States enjoy a presumption of innocence when it comes to any criminal accusation, there is a serious stigma associated with even the accusation of a sex crime. This stigma can make it very difficult for anyone accused to receive a fair trial, also considered to be one of the cornerstones of a justice system in a democratic society.
Because those accused of a sex crime in Delaware face a very long and difficult journey, the very first thing that you should do in the event of such an accusation is secure the services of a lawyer you can trust. Find out about their history, and how many clients have been sentenced. The law firm chosen should be one that has a long history of providing effective counsel in the event of a sex crime accusation.
The specifics of defending yourself in any sex crimes case will vary based upon the accusation. Here are some typical scenarios:
Using Craigslist For A Sex Crime Can Make Matters Worse
Craigslist is a popular website that allows visitors to avail themselves of a variety of local services. However, when used in the commission of a sexual crime, it can amplify charges a great deal. Using Craigslist to communicate with someone in another jurisdiction or state for the purposes of engaging in criminal sexual activity can invoke federal laws that apply because the event occurred between multiple states.
There are two kinds of sexual crimes that, fairly or unfairly, have become most associated with the Craigslist website:
Any situation in which a website’s user solicits or offers sexual services in exchange for money or goods. It is possible to be prosecuted on this basis alone, though the situation is made more complex once another user contacts them to arrange a meeting for the explicit purpose of sex.
It is possible to be prosecuted for this event for advertising or soliciting sexual services even if no user responds, or even if no sexual contact takes place among the participants. Assuming that both individuals were fully aware of the nature of the transaction, both can likely be prosecuted.
The exact charges involved depend upon the specifics, who was considered the “aggressor” and the intentionality behind the chain of events. Naturally, should either participant be a minor, the charges can be much more severe. However, if the other party did not know or have reason to know that their would-be sexual partner was a minor, a stronger defense is possible.
In a typical online rape case, a website is used as a medium to set up a meeting that ends in rape by force or coercion either in a private dwelling used by one of the participants or in a public place, such as a hotel, agreed upon by both as a meeting place.
In Delaware and elsewhere, a sexual act must meet certain standards in order to be considered a rape. However, should a rape be proven, the individual who suffered the rape will generally not be charged with crimes that may have applied in other circumstances, such as prostitution-related charges if they initially intended to exchange sexual services for money.
What About Army Sex Crime In The US Army?
War sex crime can lead to an extraordinarily complex legal case. In addition to applicable state and federal laws, individuals who are currently serving in the United States Army or another branch of the armed services are subject to the Uniform Code of Military Justice, which can severely complicate any defense.
Sexual crimes in the United States Army can be interpreted differently by prosecutors and by defense attorneys on the basis of the relationship between the alleged perpetrator and the alleged victim, so there is no single defense that is always appropriate. For example, a sex crime that occurs by taking advantage of a subordinate can bring several different types of federal charges into play that might not be considered in other cases off-base.
Alleged sexual crimes that take place within a theater of war, or that are intended as a means of coercion or terror as practiced against the civilian population, may be prosecuted in whole or in part under the standards of the Geneva Convention.
About Sex With A Therapist Or Other Caregiver
Consensual sexual relationships between adults of the age of majority is generally not a crime. However, someone in a position of authority over another, such as a therapist, may be charged with rape if the other party comes forward with an accusation that the authority figure misused their influence to obtain sexual services. Likewise, if a therapist engages in intercourse with a patient, he or she is likely in violation of the ethical requirements of professional associations.
Child Sex Crimes And Sex Crime With Minor Children
Using video to capture any sexual act with a minor may be considered producing child pornography, a charge that can significantly worsen any rape, date rape or statutory rape charge. Anyone accused of any sex crime with minor children should immediately secure the services of our Wilmington Delaware sex crime defense lawyers.
Dial (302) 744-9290 to discuss your case. Or, you can also email our Dover Delaware sex crime defense lawyers by clicking here.
Our Delaware criminal defense lawyers & Delaware sex crime defense lawyers serve all of Delaware including Wilmington, Newark, University of Delaware, Pike Creek, Hockessin, New Castle, Bear, Glasgow, Middletown, Smyrna, Dover, Magnolia, Harrington, Little Creek, Milford, Laurel, Millsboro, Seaford, Milton, Greenwood, Dagsboro, Lewes, Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island & Ocean View, DE.