In Larimer, Boulder, and Grand County, we see many Sexual Assault cases. Accusations are made by teenagers and young women saying that sexual contact occurred and it was not consensual. Unfortunately, whether the sex was consensual or not doesn’t seem to matter. If the accuser is a teenager, the boyfriend can be charged with Sexual Assault if he is four or more years older. If the accuser is a young woman, alcohol and regret usually play a part in their decision to claim rape. Accusing men of inappropriate behavior can become a pattern for some girls, but that evidence can be kept out of a trial thanks to Colorado lawmakers and our Rape Shield Law. Designed for good, the Rape Shield law shields the jury from hearing relevant
Rape Shield – Larimer County Sex Assault Lawyer?
Colorado’s Rape Shield law was passed with the intention of keeping defense attorneys from telling a jury about the alleged victim’s sexual history. The idea behind it was that discussing the ‘victim’s’ sexual history in open court will only embarrass the victim and does not serve a beneficial purpose for the allegations at hand. Regrettably, the reach of this law also includes any prior sexual assault allegations made by the accusing teenager or woman, which the defense argues were false. Under law, false allegations are supposed to be admissible evidence to the jury, but judges are keeping other sexual assault allegations out unless the defense can prove they were false. It is not enough that the Larimer County Sheriff and district attorneys involved when the original allegations were made chose not to file charges. The defense is given the burden of proving the previous allegations were false. This makes it almost impossible to bring previous allegations as evidence into a trial. Consequently, a troubled teenager can accuse 5 men of sexual assault against her and the jury never gets to hear that information during the trial for man #6. Jurors should hear these prior allegations in order to make a fully informed decision on whether the accuser is telling the truth.
Fort Collins False Allegations in Sexual Assault Cases: How Can We Prove the Truth?
You may be wondering why false allegations would play such a big role in a Sexual Assault or Sexual Assault on a Child trial in Fort Collins, Loveland, or Estes Park. Well, it simply establishes a pattern from the alleged victim. It is powerful to a jury to hear that the man on trial is not the first person the woman or teenager has accused of this type of behavior. If the man on trial had been accused of this type of behavior in the past, those allegations are presented to the jury without a hitch, but if the child or woman has made allegations against someone else before, the jury never gets that information. Seems a little biased and one-sided to me.
Boulder County Sexual Assault on a Child Lawyer: Rape Shield Law is Unfair
When someone is accused of Sexual Assault or Sexual Assault on a Child in Boulder, it is a very serious accusation. These crimes carry a potential indeterminate sentence, meaning the accused could spend the rest of his life in prison. Quite simply, evidence of previous accusations should be allowed. Without it, the defense is unable to educate the jury on both sides of the case giving them an incomplete picture to work from and making it easier for the state to get convictions, whether deserved or not. Juries are smart and they want the whole story. When all the evidence is presented, it is easier to determine who is lying and who is telling the truth, which is vital in any Sexual Assault trial. While the Rape Shield law was designed to serve a reasonable purpose, it is much too broad and is creating unintended consequences in blocking the truth from being presented at trial.
If you or someone you love has been charged with or arrested for Sexual Assault or Sexual Assault on a Child, be smart, exercise your right to remain silent, and contact the best Fort Collins criminal defense attorneys from the O’Malley Law Office at 970-658-0007 immediately. Together, we can protect your future.
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