Defending rape and child sex cases in the era of “Me Too”
The “Me Too” movement (sometimes seen as #MeToo) has sparked fresh, frank discussions about sexual assault and rape. It has led to the public outing of influential individuals who are accused of using their power to sexually assault others. While it is empowering to see alleged victims publicly confront their accused abuser, the #MeToo movement has made defending allegations of rape and child abuse more difficult. For those falsely accused of such crimes, it can be overwhelming when it comes building a defense and disproving such accusations.
Cases involving rape and child sex offenses are serious offenses that can drastically alter a person’s life. A guilty charge can lead to registration as a sex offender, restrictions in employment and places to live, loss of reputation and severe prison sentences.
A defense attorney should not be intimidated by new social movements when it comes to defending an individual case. A reputable defense attorney can build a solid defense by investigating the facts, challenging the credibility of the prosecutor’s presentation and cross-examining witnesses. It is crucial in these cases that jurors that support the “Me Too” movement and believe that alleged victims are always to be believed are kept off of juries in these types of cases. Otherwise the concept of “innocent until proven guilty” is turned on its head.
Salt Lake City Sex Crime Defense Lawyer in the “Me Too” Era
If you have been charged with any offense related to rape or sex crimes against children, you will need an experienced and highly skilled attorney to fight for you in court. Susanne Gustin has 28 years of experience in criminal defense in Utah and has successfully defended clients facing a range of sex crime charges including aggravated sexual assault, rape and child sex crimes.
If you are facing any sex crime charges and need a qualified attorney to defend you, contact Susanne Gustin Attorney at Law at (810)243-2814 or submit an online form to schedule a consultation to discuss your options. Susanne Gustin Attorney at Law services those accused of sex crimes throughout Salt Lake County and Davis County, and surrounding communities in Salt Lake City, West Valley City, Layton Bountiful, West Jordan, Taylorsville and Sandy.
What is Me Too?
Me Too was founded in 2006 to raise awareness for survivors of sexual violence, particularly women of color, according to the movement’s website. Its mission is to help sexual violence survivors who traditionally do not have a platform to speak out. Me Too network of survivors and advocates aim to stop sexual violence in their communities.
The advocacy became popular with the hashtag #MeToo on Twitter, where people shared their experiences of sexual violence. As high-profile men charged with sex crimes defend themselves from accusations in court, Me Too continues to attract a large amount of public attention.
Defense Against Sex Crimes
If you are accused of rape or child sex abuse, it is the responsibility of the prosecution to prove the accusations beyond a reasonable doubt. The prosecution carries the burden of proof, not a defendant. An experienced attorney can scrutinize the prosecution’s evidence and effectively cross-examine prosecution witnesses.
Unfortunatley, it is possible that jurors may automatically believe that an alleged victim is telling the truth without subjecting the alleged victim’s testimony to any scrutiny. Before seating a jury, attorneys can question potential jurors about how much they have heard about Me Too movement and if they are inclined to believe an alleged victim even before he or she has taken the witness stand. It is important to test the reactions of potential jurors about the Me Too movement and the cases–like the Harvey Weinstein case–that jurors have likely heard about. If a juror says he or she is surprised or repulsed by the stories exposed by the Me Too movement, an attorney can argue that the juror is unable to fairly sit in judgment of a person accused of sex crimes.
The repercussions for being convicted of sexual assault involving an adult or child are lifechanging. In cases of rape, the mandatory sentence is five years-to-life at the Utah State Prison; a mandatory of 15 years-to-life is the penalty if the convicted person caused serious bodily injury to the victim; the penalty is life without parole if the defendant was previously convicted of a grievous sexual offense.
In addition to requiring significant prison time, rape and child sex offenses carry lifetime registration on the sex offender registry. This can restrict one’s ability to find employment, live in certain locations and result in loss of reputation.
Additional Resources
Metoomvmt.org – Those interested in further information about #MeToo can read about its impact, history and vision of the movement. The website has links for healing, advocacy and toolkits.
Understanding the Me Too Movement: A Sexual Harassment Awareness Guide – Maryville University has a detailed synopsis of #MeToo and why victims are speaking out about their sexual assault encounters.
Susanne Gustin Attorney at Law Salt Lake County Sex Crime Defense Attorney
If you have been charged with a sex crime in Utah, contact Susanne Gustin Attorney at Law at (801) 243-2814 for a consultation. Susanne Gustin is an experienced sex crime defense attorney who will act in explore your legal options.
Call Susanne Gustin Attorney at Law at (801) 243-2814 for a free consultation about your alleged sexual crime charges in Salt Lake County or Davis County, including Salt Lake City, Taylorsville, Riverton, Midvale, Clearfield, Layton, and surrounding communities.