How Often Do Accusers Recant Allegations Of Sexual Assault In Virginia?
It’s important to understand that, in Virginia, once a complaint is made, the police determine that the complaint is credible, and an investigation is in process, and warrants or indictments have been issued, it’s no longer within the control of the victim to drop or pursue charges.
Even if the victim no longer wants to press charges or changes their story after the fact, it’s still up to the prosecutor to weigh the facts and evidence to determine whether or not they prosecute or drop the charges.
So, while it isn’t uncommon for an alleged victim to recant their allegations, there is no guarantee that the charges will be dropped even if they do change their mind.
If a person decides they don’t want to move forward with their allegations but the prosecutor doesn’t drop the charges, it will affect how those charges are handled moving forward. It becomes significantly more important to have an attorney that knows what they’re doing with those changes in circumstances. An experienced attorney will be able to effectively utilize an alleged victim’s recant in a person’s defense.
How Often Do You See Sex Cases In Virginia Where Drugs And Alcohol Are Involved, And How Does That Affect The Case?
It’s extremely common to see drugs or alcohol as part of a sex case in Virginia.
In Virginia, claiming that you drank a lot and therefore were not yourself at the time of the crime is not considered a viable defense to a sex case.
When a person gave drugs or alcohol to an alleged victim, however, that is definitely considered as an aggravating factor and can be a basis that aids in and makes it easier for a prosecutor to obtain a conviction.
It’s Very Difficult For Drug Cases To Be Expunged, But Is It Possible To Be Removed From The Virginia Sexual Offender List At Some Point Once You’re On There?
Yes, you can file a motion to be removed from the Virginia sex offender registry. That process depends on certain classifications, such as whether you are a tier one, tier two, or tier three sex offender.
Tier one sex offenders are not going to be eligible to be removed from the registry. Certain tier-two offenders may end up having to wait until certain conditions are met and this could take up to 20 years. Certain tier-three offenders would need to meet certain conditions that could include waiting up to 15 years.
You should consult with your attorney to determine if you may be eligible for removal from the registry. Your attorney will be able to advise you on what conditions you would need to meet before filing for a motion and will be able to assist you through that process.
What Is Considered An Internet Sexual Crime, And Are These Charges Federal Offenses?
There are several crimes that can be considered internet sex crimes. These include, but aren’t limited to…
- Crimes that utilize peer-to-peer networks to share child pornography,
- Crimes that utilize file-sharing systems to send child pornography,
- Soliciting minors via the internet using chat rooms or websites, and
- Sex trafficking when initial contact is made via the internet.
It’s possible for certain internet sex crimes to be federal offenses, but many charges are dealt with in the state system.
Soliciting minors via the internet is a prominent internet sex crime that is heavily prosecuted in Henrico County. They have an entire, active vise unit devoted to prosecuting that particular crime as well as other sex crimes.
It’s extremely important to have an attorney who’s familiar with the methods and operations that law enforcement use to try to conduct sting operations against people. Some of these charges have mandatory jail time and carry extremely long sentences. These charges can be quite technical in nature, so you want to be represented by a lawyer who is well-versed in internet sex crimes in particular.
Are There Valid Defenses For Internet Sex Crime Charges?
Yes, there can be valid defenses for internet sex crime charges. These could include…
- The individual depicted in the image is an adult made to look like a minor rather than an actual minor,
- Minor individuals should not have had access to the website where the encounter occurred, or
- The minor led the defendant to believe that they were an adult.
The defense would depend on the charge and the facts of the case. You need to have an attorney who is knowledgeable about these defenses and is skilled and well-versed in being able to effectively utilize a strong defense to get you the best outcome.
For more information on Sex Crime Offenses In The State Of Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (804) 621-0854 today.