Criminal Sexual Conduct: When It’s Her Word Against His

Because the precipitating events generally occur behind closed doors, many criminal sexual conduct charges boil down to the accuser’s word against the word of the accused. Because women are more likely to file charges and because men are more likely to be accused, these cases often amount to classic he-said-she-said situations. The fact that you have been accused does not make it true, but it does mean that you need the professional legal representation of an experienced Conway sexual assault defense attorney behind you.

Can I Be Charged if There Is No Evidence?

The fact is that the State of South Carolina is quite aggressive when it comes to sexual assault charges – even when they boil down to one person’s word against the other’s. More in today’s world, law enforcement seems to be more prone to take an alleged victim’s allegations, with little else, and seek an arrest warrant. An alleged victim’s statements donot have to be corroborated in South Carolina. If there is no physical evidence whatsoever, the state may turn to other forms of evidence, such as the following:

• The testimony of your accuser may be enough to support charges. If the prosecution deems the person credible and convincing and if their account regarding the alleged assault is detailed enough, it could lead to a charge against you.
• There is also circumstantial evidence to consider, such as any electronic messaging between the two of you or any social media posts that tend to support either side’s position.
• Behavioral evidence may also be carefully examined. For example, if your accuser exhibited any of the classic signs of trauma, it could support a charge. On the other hand, if you were your normal self – with no signs of heightened anxiety or adrenaline – after the timeframe in question, it could speak to your innocence.

If there is physical evidence, such as DNA or fingerprints, available, it can potentially support either the state’s charge against you or your own defense.

Bringing Your Strongest Defense

Defending yourself against a charge that is difficult to prove and, therefore, difficult to disprove requires careful analysis of the legal intricacies involved. Approaches that may serve you well include:

• DO NOT SPEAK WITH LAW ENFORCEMENT OR VOLUNTEER INFORMATION OR CELL PHONE AND DEVICES WITHOUT SEEKING THE ADVICE OF AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY
• A strong alibi with supporting witness testimony that puts you somewhere else at the time of the crime
• Character witnesses who share their genuine belief in your innocence and speak to your reputation, your unimpeachable standing in the community, and beyond
• Your accuser’s credibility, which may not be beyond reproach and could signal attention-seeking or a tendency to make up stories or false accusations
• A violation of your legal rights, such as your right to remain silent, your right to an attorney, and your right not to be subject to unreasonable search and seizure

The bottom line is that your defense may be far stronger than you realize, and a savvy sexual assault defense attorney is standing by to help.

Discuss Your Case with an Experienced Conway Sexual Assault Defense Lawyer Today

Brad Richardson at The Law Office of Brad C. Richardson is a seasoned Conway sexual assault defense attorney who has the experience and legal insight to help you. Learn more by contacting us online or calling us at (843) 488-4321 today.