A sexual assault charge can be a long and complicated procedure. Listen as Richard C. McConathy discusses the strategy that his Law Office uses to simplify the process and stand up for you against a sexual assault charge.
When a sexual assault accusation is made, there is going to be two situations going to be involved. Are we going to have physical evidence? Are we going to have a rape kit done? Or is it going to be an outcry statement that was made without any physical evidence or made after a long period of time? The statute of limitations on this type of case is very long, so it gives the victim plenty of opportunity to come after a period of time passes. When we’re dealing with physical evidence, we need to find out if the DNA and the biology matches. If it doesn’t, then we have enough to defend the case. Again, it’s very key in these moments to get with the detective, see if the detective will explain to us what they have, cooperate with them in their investigation, hoping that we can get this case resolved. However, if we feel that it is going to be futile to do so and they’re just trying to make a case, we then need to also put up that wall of defense immediately, limit the access to the police, and also limit the access to their ability to get biological information from the defendant. Also, when you’re dealing with an outcry statement, it’s going to be very important, especially looking at the victim and finding out if there is any bias, motives or reasons why this victim is making this statement. A lot of times people come out of bad relationships, other people come out of the situation as a victim that is trying to get back at somebody else. And so, we have to look at all those ramifications and see what the best area in your defense is. Particularly, I had a case last year where the victim claimed that the defended had raped her, and after doing a DNA swab test, found none of my client’s DNA. And so, it was one of the key components for getting that case dismissed. So, when you’re going through this process, time is of the essence to get in early and quick. Don’t wait too long, or they’re going to charge you. And next thing you know, you’ll be standing behind bars and you’ll be way behind the eight ball.