Many Wisconsin sexual assault cases come down to a war of words between the accuser and the accused, especially if there’s no physical evidence that sheds light on what happened. So, what happens in these cases, and what can an accused person do to avoid being wrongly and unjustly convicted?
The critical thing to understand in these cases is that the prosecution must prove the defendant’s guilt beyond a reasonable doubt. The defendant is presumed to be innocent until proven otherwise. Juries are human, though, and they tend to start a trial believing in guilt despite that presumption. So, it is my job to make sure to show the jury all of the ways that the accusations do not hold up.
When a sexual assault case comes down to the accuser’s word against the accused’s word (commonly referred to as a “He said, she said” case), the defense typically focuses on pointing out things that make jurors question the accuracy, reliability, and logic of the accuser’s claims. For example, a defense attorney might point out lies, exaggerations or inconsistencies in the accuser’s testimony to illustrate why the jury cannot fully accept those claims, those accusations.
Outside perspectives can also aid a defendant accused of sexual assault. Suppose someone else saw all or part of the encounter, for instance, or even the interactions between the accuser and client before and after the claimed assault. In that case, their testimony can provide vital context and framing to the otherwise bald-faced accusations of assault.
Similarly, text messages, cellphone records, and related evidence from the accuser, the client, or even third parties can show the gaps and inconsistencies in the claims and thereby increase the chances the jury will render a fair verdict. These immutable records can provide insights into each person’s State of mind, knowledge, and purpose. Such records can sometimes also support the notion that a sexual encounter was consensual. They might even raise the specter that the accused or the accuser was somewhere else at the time the accuser claims they were assaulted.
The critical things to remember are simple. First, the State must overcome all doubts about the claims and accusations, which can only happen when a good defense lawyer highlights them. Second, despite the well-known presumption of innocence and the constitutional premise that an accused need not prove his own innocence, juries tend to start with a belief in guilt anyway. So, third, the single most important thing to keep in mind when facing a claim of sexual assault is this: The accuser’s word is enough all by itself to support a conviction and destroy your life unless you get yourself a seasoned and successful defense lawyer who can clearly and emphatically point out the problems in the “she said” side of the case. Otherwise, the accuser’s words alone are still enough to allow a jury to convict you and a judge to imprison you for a very long time, regardless of your guilt or innocence.
Get Help from a Sex Crimes Defense Lawyer Serving Wisconsin
Now you can see why, if you face sexual assault charges in Wisconsin, it’s essential and indeed critical to work with an experienced and capable attorney. Attorney Christopher T. Van Wagner has over 35 years of criminal defense experience and has won full acquittals in more than 30 felony jury trials. He had gotten dozens of others dismissed or reduced to much less harmful settlements. Call Christopher T. Van Wagner now or complete our contact form for a free consultation.
