How DC Sex Crimes Are Charged

If you were accused of a sexually-based offense, it is important to understand how each step of the legal process works. Depending on the facts of a certain case and the decisions of prosecutors, for example, there could be significant variation in how DC sex crimes are charged.

Prosecutors will weigh the available evidence and decide whether to prosecute a case as a felony or misdemeanor, determine what specific offenses to bring, and may negotiate down to lesser charges in exchange for a plea deal. An experienced DC sex crimes lawyer could build a strong defense and work in a defendant’s best interests no matter the specifics of their charge.

Misdemeanor and Felony Offenses

The determination as to whether the charge for a sex offense is a misdemeanor or a felony largely depends on the circumstances surrounding the alleged event. Furthermore, in some cases, a defendant may be charged with a misdemeanor sex crime for a more serious charge that has occurred past the statute of limitations.

For example, if someone makes an accusation of first-degree sexual abuse—such as forcible rape—but they do not make the accusation until a considerable amount of time has passed since the alleged incident occurred, prosecutors may charge that case as a misdemeanor, rather than not charge it at all. This is often because prosecutors do not want to be responsible for a declination of prosecution.

It is also important to note that any felony sex charge is eligible for a jury trial. Misdemeanor charges, on the other hand, are eligible for a bench trial by a judge.

What are the Most Common Constitutional Issues Related to Sex Crimes?

The most common constitutional issues associated with sex crime cases relate to statements allegedly made by the person who is arrested or otherwise charged. Many of these issues are litigated under the Fifth Amendment of the United States Constitution. There are also issues under the Fourth Amendment—which tend to focus on the search and seizure of cellphones—because electronic evidence is often sought, seized, and used in trials in these cases. Understanding how DC sex crimes are handled, and how charges might be impacted by constitutional issues, is important for anyone who is accused.

Specific DC Laws

Understanding the specific nuances that might apply to a sex crime case in DC is also important. For example, in the District of Columbia, first report rules allow for a complaining witness’s first report of the offense to be admissible as evidence to begin a claim. If an individual waits a year or longer to go to the police, but told a friend about a purported sex offense two weeks after the offense occurred, for example, that is allowed as evidence under DC law.

It is also important to understand that sex crime cases in DC are investigated and prosecuted very aggressively. Prosecutors diligently pursue sex crime cases in the District, and judges treat these cases most seriously. Therefore, when someone is convicted, the judge tends to sentence them harshly.

What Types of Evidence is Used in Sex Crime Cases?

The types of evidence most commonly presented at trial in a sex crime case is the testimony of witnesses, forensic evidence, evidence gathered from social media, and statements made by the defendant. The use of witness testimony in these cases is also common.

It is also a required form of evidence to present information to a judge or a jury. A witness may be someone who is allegedly an eye witness, an expert witness, or someone presenting forensic evidence or records.

Seek Legal Counsel to Discuss How DC Sex Offenses are Charged

The legal nuances of cases stemming from sexually-based offenses in Washington, D.C. are complex. Depending on the circumstances of a charge, the potential penalties for a conviction can be severe.

As a result, anyone accused of an illegal sexual act should consider reaching out to a seasoned lawyer to discuss how DC sex crimes are charged. To learn more, reach out to a legal professional today.