Raleigh Sex Crime Attorney
Being accused of and charged with a sex crime can have far-reaching effects throughout your life. Just an accusation can be enough to damage your reputation, your employment status, your relationships, and your mental health. A sex crime charge can be difficult to fight, especially on your own. The penalties have the potential to be severe and life-changing, so it is vitally important you protect yourself by hiring a Raleigh sex crime lawyer for your case.
At Steven T. Meier, PLLC, we know how difficult it can be to be charged with a sex crime. We can defend your innocence and strive to minimize the impact your charges have on your life.
Possible Defenses Against Sex Crimes
You will likely feel an overwhelming sense of stress and fear while battling a sex crime charge. After all, there is a lot on the line. Retaining the services of an experienced Raleigh criminal defense lawyer may help ease some of the stress by providing you with support for your case. Having someone to stand by you during the case proceedings can be incredibly helpful.
You and your lawyer can discuss how to approach your defense and what will be the most effective avenue to take in order to protect you from the often harsh consequences of a sex crime conviction. Here are some of the possible defenses against sex crimes that your lawyer may explore for your case:
- DNA Evidence: DNA evidence is crucial for proving your involvement in a sex crime. DNA must be taken lawfully by law enforcement upon your arrest or be available from a previous arrest. It will usually be taken via a cheek swab of your saliva and will then be compared to any DNA that was involved in the sex crime at hand. If your DNA was taken unlawfully, there may be grounds for having it removed from consideration as evidence in your case. In the event of a sex crime, there may be DNA evidence present from blood, hair, semen, skin, or even fingernails.
- Mistaken Identity: A basic case of mistaken identity can be a viable defense for a sex crime if your lawyer thinks it has credence. Your lawyer can argue that the accuser in question has misidentified you as the perpetrator, especially if there is very little additional evidence to link you to the crime at hand. Eyewitness testimony and police lineups are not 100% reliable, as the human memory can be unreliable.
- Consent: If it is obvious through DNA and other evidence that sexual activity has taken place between you and the accuser, an effective method of defense would be to claim that the sexual activity was consensual. If you can provide evidence of consent through text messages that prove a preexisting relationship, for example, consent becomes a viable defense. This may not be easy, and ultimately, it may not be possible to prove consent. There are multiple situations where a person is considered to be incapable of giving consent for sexual activity:
- If they are under the age of consent in your state. In North Carolina, the age of consent is currently 16. Sexual activity with someone under the age of consent in North Carolina is only illegal if:
- The defendant is at least four years older than the victim.
- The defendant is at least 12 years old.
- If they are intoxicated or impaired.
- If they are mentally incapacitated or developmentally disabled.
- If they are unable to consent because they were asleep or otherwise unconscious.
- If they were forced to have sex due to a power imbalance that made the victim feel like they were unable to refuse.
- Alibi: Arguably, the most effective method of defending yourself against a sex crime charge is to prove that you were unable to have committed the crime due to a strong alibi. While the most basic defense in any crime is to claim innocence, you will always need to provide legitimate evidence of that innocence. Having a strong alibi effectively takes you out of consideration as a suspect in some cases.
- False Accusations: There are some cases where the victim will make a false accusation against someone who has not committed the crime. It might be done out of spite or revenge, but it can have serious consequences on the accused’s future. False accusations can lead to very real legal actions, and it is imperative that you do what you must to clear your name and prove that the allegations against you are false. An experienced defense lawyer can help.
What Do You Want in a Sex Crime Lawyer?
When building your case in Raleigh, North Carolina, you will want to look for important qualities in the sex crime lawyer you decide to hire. This is a very important case that will have significant consequences for your future, regardless of how the case goes. You will want a sex crime lawyer who is empathetic, reasonable, experienced, and, above all, has a plan for your case. Here are some important traits that a good sex crime lawyer will have:
- Experience and Knowledge: When you are dealing with a potentially life-altering legal situation, you will want to hire a lawyer who has a wealth of knowledge about sex offenses and how to fight them in court. In addition, you will want to hire someone who has represented people in your situation before and succeeded in winning their cases.
- A Vast Network: If your lawyer has a number of years of experience in the field, they also likely have a vast network of contacts who may be indispensable in helping your case. This network can include police officials, lawyers in other fields, expert witnesses, medical professionals, and private investigators. Your lawyer’s network may be at your disposal throughout the duration of your case.
- Compassion: When facing a sex crime charge, you may start to feel somewhat alone. A good lawyer will have compassion for their clients. Their ultimate goal is to help you beat the charges against you so you can resume your normal life. Compassion goes a long way toward helping you feel prepared and confident in your case.
FAQs
Q: How Much Jail Time Can a Sex Offender Get for Not Registering in North Carolina?
A: If a sex offender does not register as such in North Carolina, they can be found guilty of a Class F felony, which can carry a maximum prison sentence of 62 months. A sex offender may also be found guilty of a Class F felony if they are registered but fail to notify the sheriff of a change of address, fail to return a verification notice, or attempt to forge a verification notice.
Q: What Are Sex Offenders Not Allowed to Do in North Carolina?
A: Typically speaking, sex offenders are largely not allowed to venture anywhere there may be a considerable number of children. Regardless of whether or not the sex offender in question is a threat to children, they still need to abide by these rules and steer clear of schools, daycare centers, and playgrounds. Under North Carolina state law, registered sex offenders cannot reside anywhere that is within 1,000 feet of a school or childcare center’s property line.
Q: Do Sex Offenders Have to Notify Neighbors in North Carolina?
A: No, sex offenders are not legally required to notify neighbors in North Carolina. However, the North Carolina Sex Offender Registry is open to the general public, and you can sign up to be notified when a sex offender does report moving to an address within five miles of your home. This registry is updated regularly by the North Carolina State Bureau of Investigation to ensure the overall safety of the public.
Q: How Do You Get Removed from the Sex Offender Registry in North Carolina?
A: It is possible to get your name removed from the sex offender registry in North Carolina by appealing to the North Carolina Superior Court. The typical registration requirement is 30 years, though the amount of time a sex offender is required to be listed on the registry largely depends on the crime. After filing your petition with the proper court, the court will hold a hearing to determine whether or not to grant your request.
Reach Out to an Experienced Sex Crime Lawyer Today
Few things can have as significant backlash as a sex crime accusation. The court of public opinion can be harsh and unforgiving, and it can be difficult to rebuild your reputation following an accusation or a charge for a sex crime such as rape, statutory rape, sexual battery, and sexual assault. However, you don’t have to go through the process alone. An experienced sex crime lawyer can help you with your case and determine your options.
The legal team at Steven T. Meier, PLLC, knows what kind of help your case needs, and we are prepared to assist you throughout this complex, stressful, and unpredictable situation from start to finish. We can build your case, develop your defense, advocate on your behalf, and negotiate for you if it comes to that. Reach out to speak to one of our valued team members for a free consultation and learn more about how we can help you.