Articles Posted in Sex Offense Crimes

According to an article from the associated press dated December 20, 2022, Harvey Weinstien was found guilty of sexual assault and rape in a Los Angeles court. Weiinstien is also currently serving a sentence for rape in New York. Weinstien was a big time hollywood executive that became the face of the metoo movement due to allegations surrounding his conduct with much younger female actresses. Weinstien’s sentence in New York is for a term of twenty-three years and he could be sentenced for up to twenty-four in California.

While the metoo movement has given way to other headlines in the last couple of years, the effects are still being seen round the country. Seeing people like Ghislane Maxwell, Jeffery Epstien, and Harvey Weinstien in prison are all public reminders of the movement but it goes much deeper than the rich and famous hollywood elites. All over the country the connotation around a sex crime accusation has shifted. While there was always a taboo and shamefulness attached to an alleged sex crime, it seems that in some instances the presumption of innocence has been flipped on its head and the accused is treated as if they are guilty until they prove their innocence. Of course, the criminal justice system is built on the presumption of innocence until an accused is found to be guilty beyond a reasonable doubt by a jury of his peers. Sex related crimes are also delicate because a conviction not only makes you a felon, it marks you as a convicted sex offender for the rest of your life, and may require you to register on the sex offender registry for the rest of your life. All of this in addition to your inability to own a firearm as a felon and difficulty finding employment.

Mentioned above are facts concerning Weinsstien’s sentencing. Sentencing, of course, varies from state to state. Here in Mississippi, the laws are clear and the punishments for sex crimes are severe. Rape, or forcible sexual intercourse, in Mississippi carries life in prison at the discretion of the jury. Should the jury elect not to sentence the convicted offender to life, the statute allows the judge to sentence the offender to any sentence that may be appropriate. The stakes are simply too high in sex crime cases, especially rape, to roll the dice with an inexperienced lawyer.

In today’s time of victim empowerment where the police, prosecutors, and even juries are flipping the due process and fairness by presuming the credibility of the accuser in sex crimes cases. You will be presumed guilty simply by being charged with a sex crime. Your silence is more important than ever when charged or investigated with a sex crime. Never agree to speak with police or detectives before consulting with an experienced criminal defense lawyer. Even then, there is virtually no scenario where an offender should agree to speak with law enforcement about sex crimes accusations. Your reliable alibi or mistaken identity simply means nothing and you will not be believed.

Why Should an Offender Refuse to Talk to Law Enforcement in any Sex Case Investigation?

The reason criminal defense lawyers advise against speaking to police in sex crimes cases is because law enforcement officers seldom reach out to a suspect to rule him out. Instead, their motivation is to gather evidence to charge or convict suspects. This is because they do not care about the accused’s “side of the story” until they have interviewed the accuser (usually several times) and, in most instances, deemed his/her credible. More often than not, the result of speaking with the police is that the information given inadvertently supplies details that the police are seeking to use to help charge or convict the accused. The police or investigators are often looking for statements such as: “yes, I was with her but I didn’t do anything”; or “yes, we had sex, but it was consensual”; or “I can’t recall because we were both drinking”. While meant to profess innocence, such statements are more likely viewed as admissions to help build or provide evidence of the sex crime. At the same time, nerves, faulty memory, pressure, and intimidation can, and do, result in misstatements or inconsistencies which the police will use as evidence of untruthfulness. In short, the police are not your friends and are not looking to help you. They are instead motivated to make and prove their case, and let the jury decide.

Some people assume that the internet is a place where you are free to do whatever you want, but that is just not the case. Although the web was once described as a “wild west” during the early days, several states have cracked down on internet crime, and Mississippi is certainly one of these states. Some of the most serious digital crimes are of a sexual nature, and you can face serious penalties if you are convicted of these offenses. But what kind of sex crimes can be committed online in Mississippi?

If you have been charged with any crime, it is best to get in touch with a qualified, experienced criminal defense lawyer as soon as possible. Our legal professionals can guide you toward a positive outcome while fighting for your rights in court. After assessing your unique situation, we can help you develop an effective defense strategy.

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