The criminal defense attorneys of Phillips & Associates in Oklahoma City are experts at fighting sex crime charges. Circumstances often lead to false accusations or sex crime charges.
Not all of those allegations reflect the facts of the situation.
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Speak for Themselves
Here are some common sources of false sex crime accusations:
- vindictive ex-partners
- someone whose romantic overtures were rebuffed
- a consensual encounter that one party now regrets
- spouses or ex-spouses looking to gain an advantage in a custody dispute
- stepchildren who are trying to get rid of a parent's new spouse
- students who are angry with their teachers
- a child in DHS custody who fabricate tales of abuse at the hands of case workers or guardians
- inmates who allege sexual abuse by police, jailers, or other Department of Corrections workers
It is crucial that you speak with a defense attorney to ensure your side of the story is told accurately.
We Offer Defense for these Sex Related Charges:
- Computer/Internet Related
- Child Pornography Charges
- Charges of Soliciting Minors Online
- Sexting
- Child Molestation or Child Sexual Abuse
- Lewd or Indecent Acts with a Minor
- Lewd or Indecent Proposals to a Minor
- First Degree Rape and Rape by Instrumentation
- Date Rape and Spousal Rape
- Statutory Rape & Age of Consent
- Sodomy and Forcible Sodomy
- Indecent Exposure
- Prostitution and Solicitation of Prostitution
- Sexual Battery & Sexual Assault
- Juvenile Sex Offenses
- Federal Sex Offenses
Sexual assaults can and do occur in the above situations; for this reason, prosecutors and victims' rights advocates work quickly to bring charges against the accused and to push for maximum sentencing in the interest of "public welfare."
In situations where a crime actually occurred, it is important that the charges do not exceed the offense. In certain conditions, a seemingly consensual act of sex can be a crime—particularly if the "victim" is below the age of 16, the age of legal consent in Oklahoma. Even if a victim is aged 16 or older, there are specific situations in which he or she cannot legally consent to sex.
For example, a student past the age of legal consent cannot legally provide consent to sex with a teacher or employee of the school district. An inmate cannot legally provide consent to an employee of the Oklahoma Department of Corrections or any other law enforcement agency that has custody of the arrested person or inmate. In these cases, what seems like consensual sex between two adults is actually the crime of second degree rape. Such cases need to be handled delicately in order to protect the defendant's rights.
Others seem more sinister, and their penalties include life in prison. Crimes against children and violent or forcible rape are crimes which are subject to the most vigorous prosecution and harshest penalties. If you have been charged with first degree rape, lewd acts with a minor, or other serious crimes, you have likely been painted as a monster by your accuser, police, and prosecutors. We are here to help change that image. You are not a monster. You are a person in need of competent and wise legal counsel to help you make the best of a difficult situation. At Phillips & Associates, we can help if you haven charged with a sex crime.
Sex Crimes Charges
In Oklahoma, a person may be accused of a sex crime even if he or she never touches another person. Sometimes, merely the attempt to solicit sex or the exchange of graphic pictures can be enough to put a person in prison and land him or her on the Oklahoma Sex Offender Registry for life. As in many crimes, such as assault or embezzlement, the harshness of associated penalties depends upon the severity of the crime.
At Phillips & Associates, we handle every degree of state and federal sex offenses, and we have a strong record of successful outcomes in these types of cases. Our dismissals and acquittals have helped in making us one of the top criminal defense law firms in Oklahoma City.
Whether facing a misdemeanor charge for soliciting a prostitute or a felony rape charge, for many people the greatest consequence of conviction is the social stigma that surrounds the offense. Accusation and conviction of a sex crime can devastate marriages, obliterate families, destroy personal relationships, and ruin careers. For those who are required to register as sex offenders, the punishment remains public, and it extends far beyond the completion of any jail or prison term.
Sex offender registration is not merely a state-level requirement for those convicted of sex crimes. It is a federal mandate under the Adam Walsh Child Protection and Safety Act of 2006. This act is intended "To protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims." Title I of the act is the Sex Offender Registration and Notification Act, which outlines requirements for sex offender registration and delineates penalties for failure to comply.
Sex Offender Registration and notification is provided to the general public through the following links:
- The FBI Sex Offender Registry
http://www.fbi.gov/scams-safety/registry/registry - The U.S. Department of Justice National Sex Offender Public Website -
http://www.nsopw.gov/en-US - The Oklahoma Sex Offender Registry
http://sors.doc.state.ok.us/svor/f?p=106:1:0 - You can also read sex crime related news here.
What To Do When You Are Charged
How can you help in your own defense? Start by invoking your right to remain silent. Do not say anything to investigators or police, and insist on having your attorney present during questioning. But don't just preserve your silence with law enforcement. It is critical that you speak with no one about your case. Do not attempt to "clear things up" with the victim. Do not try to explain your side of the story to your friends or family. Even people you think are on your side can be subpoenaed by prosecutors and forced to testify against you.
Often, you will not be read your Miranda rights until after an arrest, but you do have the right to remain silent even prior to an arrest. Police may not inform you of that right. They may tell you they "just have a few questions," and that you are not under arrest. If you are not being detained, you are free to go. Call an attorney at once.
Once you have been criminally charged, there are several defense options which may prove beneficial for your case. Your lawyer should carefully evaluate all circumstances of your arrest and the evidence against you to determine the best option for your defense. He should be willing to think creatively and to explore every avenue for a positive result.
Defense Strategies
Every case is unique, and there is no one-size-fits-all approach to sex crime defense. However, several strategies often provide successful results. To protect your reputation you should IMMEDIATELY talk with an Oklahoma City sex crime lawyer.
At Phillips & Associates, we have a longstanding record of successful outcomes in challenging sex crime cases, and that tradition of success continues. Among the defense strategies used to secure favorable results for our clients are both time-tested and innovative approaches:
- Demonstrating consent of the "victim" (learn more here)
- Highlighting a lack of evidence to support the charge
- Presenting factual evidence of the defendant's innocence
- Proving mistaken identity
- Providing reasonable doubt of accurate identification of a suspect
- Polygraph testing
- DNA testing
- Evaluation by forensic psychiatrists or psychologists
- Challenging the credibility of accusers or witnesses
- Suppressing illegally obtained or irrelevant evidence
- Showing that the accuser's testimony may have been tainted by leading questions or inappropriate interview techniques
- Demonstrating motive for a false accusation, including child custody disputes, financial motivation, revenge, or regret or shame after consensual sex
Sex Offender Representation in Oklahoma
Whether you are a sex offender or have been charged in a sex crime, turn to Phillips & Associates for their professionalism and success. We handle every case with discretion, and we treat every client with respect. We are dedicated to protecting the rights and liberties of criminal defendants in Oklahoma, and we are committed to providing the highest quality legal services and defense representation.
Your life is in upheaval. You don't know where to turn. You know that any small mistake can jeopardize your case. Do not try to handle this situation alone. You need an experienced defense attorney with a record of success in sex crime cases. Call today for no-risk, confidential evaluation of your case with an experienced criminal defense attorney.
