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Sex crimes and the Sixth Amendment

On Behalf of | Sep 22, 2022 | Criminal Defense

Simply being accused of a sex crime can absolutely ruin your reputation in your community, at your job and in just about any other aspect of your life, even if you are not convicted.

Still, just like any other person accused of a crime, you have Constitutional rights that deserve to be upheld. One of these rights is found in the Sixth Amendment’s requirement that you be allowed to know and face your accuser.

Sex crimes and the Sixth Amendment

In sex crime cases, sometimes the strongest evidence is testimony from the alleged victim against the accused. The Sixth Amendment gives you the right to know who is accusing you of a crime and it gives you the right to face them in court.

This means that a person who is accusing you of a sex crime cannot remain anonymous. You deserve to know who is accusing you of such acts. Also, you deserve to know exactly what you are being accused of and what you are being charged with. These items cannot be kept secret from you.

It also means that if your accuser is testifying at trial that you have the right to cross-examine them. This means you can call into question their statements in court in front of the jury.

Sex crimes involving children

There is a small exception in some states for child sex abuse victims. Recognizing that children may be especially intimidated to face their alleged abuser, some states permit children to be interviewed outside of the courtroom, and that interview can be submitted as evidence.

Being accused of a sex crime carries a heavy stigma. It can be easy to give up in the face of such accusations. Still, you have Constitutional rights, just like any other person accused of a crime. Knowing your accuser and being able to face them in court as found in the Sixth Amendment can be key to your criminal defense strategy.

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