Charged With A Crime? It Doesn’t Mean You’re Guilty.

Denver Sexual Assault and the Presumption of Guilt

| Nov 23, 2018 | Sexual Assault |

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False Reporting of Sexual Assault in Jefferson County

Revenge seekers have learned that accusing someone of Sexual Assault, C.R.S. 18-3-402, is an easy way to get even, and as long as they stick to their story, embarrassed prosecutors seldom file false reporting charges against the false accuser in Jefferson County.

Another factor making Sexual Assault allegations a magnet for revenge seekers is the Colorado Legislature. Lawmakers are motivated by political ambitions, and they use public fears to feed upon their own need to be needed. Consequently, they chip away at principals designed to protect the accused. See, the Rape Shield statute, C.R.S. 18-3-407. Laws like these reflect a growing sentiment that the accused is always guilty and the alleged victim is always a victim. This mindset is shifting the burden of proof onto the accused.

The Presumption of Innocence is Being Challenged in Denver, Colorado

I have noticed in 23 years of practicing Criminal Defense in the Denver Metro area, and in talking with jurors after a verdict, that it is becoming more difficult to seat a jury willing to presume innocence. Most people carry the idea that a defendant must be guilty, otherwise she would not be on trial. This is never truer than in Sexual Assault cases. We should be a society free from the dangers of sexual predators. However, the belief that the accused must be guilty is a greater danger to our way of life than the possibility of a guilty person going free.

Special Interest Groups Create Fear in District Attorneys to Play it Safe in Arapahoe County

A good example of this mentality can be found in the rape statistics posted by an organization called Rape Abuse and Incest National Network, or RAINN. RAINN contends only about 25% of Sexual Assaults (Rape) are reported (in 2014 this number on their site was 40%). They cite a Bureau of Justice survey which does not explain how unreported crime statistics are collected. From this and other questionable samplings, RAINN makes the conclusion that only 3 out of every 100 rapists are convicted and go to jail. They want you to believe that every allegation of rape is true. Yet in my experience, District Attorneys in Arapahoe, Boulder, or Adams County prosecute Sexual Assault cases with no more evidence that the tears of an alleged victim. Prosecutors from Montrose to Yuma County file charges just to see if they will stick, to avoid criticism from special interest groups. Without consideration that an alleged victim might be lying, they hang a defendant out in humiliation to see if a jury will convict.

Douglas County Lawyer for Sexual Assault Charges

If you are accused of Sexual Assault, you need to know that the lawyers at O’Malley and Sawyer, LLC, are here for you. Before talking with the police, call us first. Your best course of action is to be smart, exercise your right to remain silent, and contact us at 303-731-0719. Together, we can protect your future. Image courtesy of anankkml / FreeDigitalPhotos.net