Why a Sexual Assault Charge Without Evidence Is Easier to Defend

A look at what a sexual assault charge without evidence really means

Facing sexual assault charges yourself, or having a loved one face charges, can bring on shame and life-long hardships. If found guilty, the consequences can greatly change the course of your life and the liberties you have as a member of society. Sex crimes are taken very seriously in the Commonwealth of Massachusetts. Even if you are facing a sexual assault charge without evidence, alleged perpetrators often face strong bias, treated as guilty before a trial has even begun. Regardless of the fear and shame you may feel, the most important thing to remember is that you must find yourself strong, aggressive, and experienced legal representation. 

If you are in the Boston area and need an attorney, contact the Law Office of Keren Goldenberg today online or by phone, 617-431-2701, for a free consultation. Goldenberg, her associate Kayla Fahey, and her staff are ready to offer the aggressive and knowledgeable legal support you need to build a successful defense. 

What sort of crimes are sexual assault crimes?

What counts as sexual assault actually falls into a rather broad range of crimes. Anything from open and gross lewdness to more serious crimes like rape can be considered sexual assault. The one factor that is true of any act of sexual assault, is that the victim did not consent.

Sexual assault charges without evidence, or with the presence of evidence, require a skilled attorney to properly handle the case. This is true, regardless of the “severity” of the charges. Some other sexual assault charges include:

  • Attempted rape
  • Fondling or unwanted sexual touching
  • Forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body
  • Penetration of the victim’s body, also known as rape

Cases that involve minors are particularly tough to defend, even if it is a sexual assault charge without evidence. 

What kind of defense would an attorney use for a sexual assault charge without evidence?

To be clear, if there is a charge, there will be some sort of evidence. Generally, when something is understood as “without evidence” it means that it may lack DNA or physical evidence, or that the evidence itself is in question. Often, prosecutors will not press charges if there isn’t something grounding the case.

Nevertheless, sexual assault charges without evidence (of the kind described above) are still tricky to defend. Potential jurors are still bound to hold bias, and a solid, aggressive defense must still be crafted. 

The defense attorney will likely still build a case around one of the three common narratives in a case involving a sex crime:

  • It didn’t happen;
  • It did happen but someone else did it (identification);
  • All sexual contact was consensual.

Part of what makes defending a sexual assault charge without evidence “easier,” is that there is more room for the defense attorney to build a narrative around the defendant’s truth that successfully interrupts any bias held by the court.  

If you are facing criminal charges, it is crucial to get a skilled defense attorney. Even if you think that your case is a sexual assault charge without evidence, you are likely misguided and need the help of proper legal representation.

For strong, reliable, and aggressive legal counsel, contact us online or call 617-431-2701 for a free consultation with the Law Office of Keren Goldenberg.