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Common Misconceptions To Avoid About Sexual Assault Cases In Michigan

Sexual Assault Defense Attorneys in Michigan – Legal Rights and MythsIn this article, you can discover…

  • The role that physical evidence can play in your sexual assault case.
  • The reality of sexual assault cases vs. their portrayal in media.
  • How an attorney can help you navigate the legal process, up to and including trial.

Is It True That I Can’t Be Convicted Of Sexual Assault If There Is No Physical Evidence?

This is decidedly false; the absence of evidence does NOT mean that you cannot be convicted of sexual assault. In fact, here is a law in Michigan directly on point, which states that a victim’s testimony alone is sufficient for a conviction if the jury believes that testimony beyond a reasonable doubt period. This law is applied in every sexual assault trial in Michigan, by way of a jury instruction that says exactly that. This law means that convictions in any sexual assault case can be based simply on a testimony, and without any physical evidence.

Does Every Sexual Assault Go To Trial?

There are only three ways any criminal case can be resolved: by pleading guilty, by the case being dismissed on some legal ground or by the prosecutor, or by going to trial. Many sexual assault cases do not go to trial, often due to unqualified lawyers who panic and take plea C- level bargains prior to a trial.

A sexual assault case can also be resolved by either a dismissal as a result of a motion filed by the defense, or voluntary dismissal by the prosecutor. If the complaining witness decides that they no longer wish to cooperate or pursue their case, that can lead to a dismissal.

Are Juries Biased Against Men Who Are Accused Of Sexual Assault?

There has always been a concern about juries being biased against men accused of sexual assault, and this bias seems to have increased in recent years with things such as the “#Me Too” and “#never again” movements.

With recent cases such as Jerry Sandusky, P Diddy, Larry Nassar, and Kevin Spacey, there is always a concern that the jury will have some sort of bias against men involved in sexual assault accusations. However, this possibility should in no way prevent you from going to trial. An attorney should work with you to overcome this bias, and develop a strong defense if going to trial is in your best legal interests.

Are Jurors More Likely To Convict In Sexual Assault Cases Out Of Concern Over Their Public Perception?

Juries tend to convict, as reflected in the raw statistics, which show that prosecutors throughout the country win over 70% of criminal trials. However, there is an interesting evidences which shows that while sexual assault is the most under-reported crime, it is also the most over-reported crime. In fact, FBI and Department of Justice data confirms that sexual assault is under-reported, but also confirms that there are also more instances of false accusations than any other crime.

I believe that this concern comes from the perception that sexual assault is only an under-reported crime and that nobody would come forward to accuse someone of sexual assault and go through the grueling process if the claims were not true. This ultimately creates an atmosphere where most jurors view their cases under the lens that something must have occurred, which is a very relevant concern in any case.

Are There Legal Consequences For False Accusers?

There are generally laws and statutes that protect victims from coming forward and going to trial, meaning that accusers rarely face legal consequences for making false accusations.

How Does The Reality Of A Sexual Assault Differ From Media Portrayals?

Often, the media portrays sexual assault victims as embarrassed and scared to come forward, meaning there is always a degree of believability at the core of an accusation. The reality is that many of these cases suffer from a severe lack of believability or credibility from the very beginning, but are still investigated by police and sent to a prosecutor.

Due to the media portrayal that everyone accused of sexual assault must have done something wrong, there are many cases of lawyers scrambling to protect an innocent person and prove their innocence.

How Do You Challenge The Belief That Sexual Assault Victims Are Always Credible Without Being Insensitive?

As an attorney, you want to avoid being insensitive at all costs, but you are not always able to do so. I may have to run the risk of appearing insensitive in order to reveal the lack of credibility in an accusation. However, I will always do my best to remain professional, treat an accuser with respect, and present a case based on facts.

By staying professional and addressing alleged victims politely and respectfully, you can put your best foot forward to understand the fact that this individual is making a very serious accusation. Of course, while it is very important to treat all parties and witnesses involved in a case with respect, there is certainly a risk that you could be perceived as insensitive by attempting to show the victim that their case is not credible. You simply must try your best to avoid coming across as insensitive, but also understand that it may come with the territory.

Are You Ready To Get Started?

If you need help with Defending Against Sexual Assault Accusations In Michigan, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.