Take Every Allegation Seriously from the Beginning – No Matter How Trivial, Implausible, or False It May Seem!
Very often, allegations of sexual misconduct are either not taken seriously or taken too late. This is primarily because many accused individuals do not perceive their actions as misconduct or – as is unfortunately often the case – the allegations are completely fabricated. Increasingly, accusations arise years or even decades later, by which time the accused may have little or no recollection of the alleged incident.
Sexual allegations often stem from misunderstandings, misinterpretations, communication deficits, false perceptions and signals, or unrecognized boundary violations. In some cases, actions that were initially welcomed by a partner may later be deemed unwanted.
The situation has become even more problematic due to recent legal reforms surrounding “No Means No” and #MeToo, which have dramatically lowered the threshold between lawful flirting and criminal behavior. Additionally, there is no longer a clear definition of what constitutes consensual versus non-consensual sexual activity.
For instance, even seemingly minor physical touches can now be classified as sexual harassment, whereas such actions were previously not considered crimes. Examples include touching a clothed thigh or giving an unexpected kiss on a first date.
Furthermore, under current laws, sexual coercion no longer requires the use of force to constitute rape. Engaging in sexual activity against someone’s clearly expressed objection, even without physical force or threats, is sufficient to meet the legal standard for rape.
What Should You Do If Accused?
1. Do Not Make Any Statements
Given the typical lack of physical evidence in sexual offense cases (often a matter of “one person’s word against another”), it is crucial to remember: Do not make any statements!
This applies regardless of whether the allegations are true, partially true, or completely false.
Investigators rely on confessions or inconsistencies in the accused’s statements to build a case. Law enforcement often employs aggressive interrogation tactics to elicit incriminating information.
Being caught off guard with an accusation is a common tactic. Police may visit in the early morning, make an arrest, or conduct a search warrant at your home or workplace, aiming to provoke an impulsive response.
Many accused individuals speak out of panic or try to justify themselves. This is a mistake. The police document everything, even informal conversations, and small remarks can be used as evidence against you.
Therefore, if accused of a sexual offense – whether by the police, your employer, or in a private setting – avoid direct communication with law enforcement or third parties. Do not discuss the situation with friends or acquaintances, as they may be called as witnesses. Never attempt to contact the alleged victim, as this could lead to immediate arrest.
2. Contact a Lawyer Specializing in Sexual Offense Cases
Upon learning of an investigation, but before speaking to anyone, immediately contact a specialized attorney!
Your attorney can ensure that you do not have to appear before the police and will first obtain access to the case files before any statements are made.
After reviewing the case files, your lawyer will assess the evidence and legal aspects, allowing for a well-prepared defense. They can also submit evidence, identify inconsistencies in the allegations, and work toward having the case dismissed.
Specialized Lawyers for Sexual Offense Cases – Former Prosecutor
Anyone accused of a sexual offense faces not only potential criminal consequences but also severe extrajudicial repercussions such as public exposure, registration as a sex offender, and stricter background checks.
It is essential to prevent or mitigate these consequences as early as possible – regardless of guilt or innocence.
Sexual offense cases are highly complex and require an experienced and specialized defense attorney. Attorney Dr. Stevens is one of the leading experts in sexual offense law. Long before the emergence of “No Means No” and “#MeToo,” he focused exclusively on sexual offense cases and has authored the legal reference book “Sexual Criminal Law” (Beck-Verlag) in collaboration with a deputy head of the Munich Public Prosecutor’s Office for Youth Protection.
Our law firm consists of attorneys with expertise in various aspects of sexual offense defense, including court representation, appeals, detention appeals, psychology of testimony, and forensic IT. Additionally, with attorney Zenger, LL.M., a former prosecutor, we benefit from firsthand experience with law enforcement and judicial procedures.
As specialized defense lawyers, we vigorously defend our clients from the outset, with the primary goal of having charges dropped, dismissed, or securing an acquittal.
Our firm is committed to exhausting all legal avenues and developing effective defense strategies that target the weaknesses of the justice system.
The outcome of a criminal case often depends on choosing the right attorney. Just as one carefully selects a doctor, selecting a legal representative should be based on trust and expertise.
