Prosecution of Sex Crimes in Norwalk
Sex crimes are serious crimes that can have severe consequences in Norwalk. During the prosecution of sex crimes in Norwalk, prosecutors often push for the highest sentence possible. If somebody has been convicted of a crime, then the prosecution will usually be looking to get as close to the maximum as they possibly can. If you face sex crime charges, you contact a tenacious Norwalk attorney who will work just as hard to defend you.
How Judges Treat Sex Crime Cases
There are some rules of procedure and evidence that are different in sex cases, which tell the judge that they have to treat it differently. That aside, judges will treat a sex crime as they would any other crime and they will seek to make sure that the process is fair to both the defendant, the state, and the accuser involved. Certainly, they will be vigilant about protecting the public and would tend to punish or seek to punish more severely somebody that has been convicted of the crime and less likely to entertain pleas of leniency at the time of sentencing.
The defendant can decide whether they want their trial to go before a judge or a jury. In most instances, most attorneys would advise the person to have a jury decide their case and the reason for that is pretty simple in that it is more difficult to convince six people to get to agree on one thing versus convincing one person to agree and to find someone guilty.
Rules and Regulations in a Norwalk Sex Crimes Case
The only rules and regulations that are specific to Norwalk are if an individual has already registered for sex offender registry. Other than that, things will proceed under the same rules of criminal procedure up until the point of the trial.
Whereas normally a defendant’s past actions are not allowed to be used in evidence against the defendant to prove that they committed a crime in this instance, during the prosecution of sex crimes in Norwalk, there are opportunities for the state to provide evidence of past sexual misconduct to prove that the sexual misconduct, in this case, did in fact occur.
While normally that is not permissible, it can be under certain circumstances permissible to be used against the defendant and then vice versa whereas, in most other instances, it may be permissible to use the type of propensity evidence against the accuser. In terms of past sexual activity, it would not be available to the defendant in support of their own defense in this type of case.
Rape Shield Laws
Once an individual gets to trial, there is another rule or exception that makes it distinguishable or only applies to sex crime cases, and that is the set of evidentiary laws called rape shield laws. Rape shield laws protect the alleged victim of a sexual crime from having to have questions about or have evidence of their past sexual interactions presented in evidence to a jury in order to try to exculpate or explain the circumstances in that particular case.
There are exceptions to that rule under certain circumstances but the general rule is that it is only applicable in these sex-crime cases. What the alleged victim did in the past in terms of their sexual activity does not always apply now or it cannot be used to explain or be used in support of the defense of the defendant in this case and vice versa.
Aggressiveness of the Prosecution
Prosecution of sex crimes in Norwalk is typically aggressive because sex crimes are taken so seriously. It is a crime that, in many instances, has a mandatory minimum amount of jail time. The prosecuting authorities are sympathetic to accusers of sexual assault and although they obviously are seeking to protect them from all types of crimes, they tend to view alleged sex crime victims as some of the more vulnerable types of alleged victims and will be therefore vigilant to stand up for them, protect them, and seek justice on their behalf.
It is one of the more aggressively pursued types of prosecutions although, given the nature of it, there are difficulties proving it occurred because of the nature of the act, and the fact that it is having been usually only witnessed by the two people that are involved.
The type of evidence that is typically presented in Norwalk sex crime cases consists of witness testimony primarily from the complaining witness, medical evidence that will demonstrate certain types of injuries or marks to the sexual organs of the particular complaining witness. The other types of evidence that the prosecution would present in a sex crimes case would be things like text messages and video or audio evidence that may speak to the circumstances that led to the alleged sexual assault.
Necessity of a Lawyer
Sex crime charges can have a variety of life changing consequences. The stigma that comes with a sex crimes charges can turn an individual into a pariah in their community, and result in a loss of housing and job opportunities. There are also severe legal penalties that come with sex crime charges, and the prosecution of sex crimes in Norwalk can be vigorous. That is why it is important to have an equally vigorous and determined lawyer fighting for you. If you face sex crime charges, get in contact with an experienced local lawyer who can build you a solid defense.