A lot of people claim that they accidentally touched the alleged victim when it comes to a sex crime case.
And actually, sometimes this is possible, again, depending on the circumstances of the touching and the extent of the touching. A lot of this stuff is common sense.
If it makes common sense that you might have accidentally touched somebody related to a charge of sexual contact – you have no prior criminal record and what happened is out of the ordinary – it doesn't really make sense that you would do something like that – then you certainly could use accidental touching as a defense in a case.
What it would do is negate the element of intent. In other words, when you touch somebody, you have to have some sort of intent – sexual intent – or some sort of anger in order to be charged with a crime.
But, when it comes to sex crimes in California and touching, you really need to have the intent by what you say and what you do. If they can't prove that, they're not going to be able to prove the case without the intent element.
Now, a lot of times what I see them doing when they have a questionable case, is obviously they're going to try to get witnesses who corroborate the alleged victim's side of things, they're going to try to take a statement from you, the police, and depending on what you said to the police, they're going to try to use that statement against you, and say that whatever it is you said is incriminating.
One of the biggest thing I see them do when people are claiming it's an accident is, they're going to bring in if they can – sometimes they can't do it – but if they can, they're going to bring in other individuals who you've dealt with in the past who say, this person touched me in an inappropriate manner and they claimed that it was an accident and I'm here to tell you it wasn't an accident.
If they can bring in enough of those people and they can show that it's very similar to the pending case, they might be able to get that evidence in, and obviously, that could tip the scales for the prosecutors in the prosecution of one of these cases.
We're seeing that in the news right now where a lot of these actors, celebrities, athletes, are being charged with sex crimes and the way that they get them is they have a number of alleged victims.
They might not be able to file every case, but when somebody is claiming they accidentally touched somebody and it has happened many times, that's when obviously police, prosecutors and judges start to figure out that this person is not accidentally touching people and is, in reality, intentionally touching them.
That's what they try to argue to juries by bringing in this evidence of other occasions when they've touched people supposedly in an accidental manner, when it really wasn't in an accidental manner.
Negotiation with Prosecutor
So, if you have a case or a loved one that you know has a case that involves an accidental touching and they're going charged with a crime and they need help on a criminal case in Los Angeles, we have you come in. We go over everything.
Obviously, everything is kept private whether you hire us or not, and I can really put my twenty-five years of experience to work for you, talk to you about other cases that I've done. Some jurors have talked to me after a case similar to this and given me an idea of some of the key things that they looked at.
Just through experience and common sense, a lot of these things can be resolved. We can figure out exactly how to handle an accidental touching the right way and end up with the right result.
For more information on Accidental Touching In A Sex Crime Case, a free initial consultation is your best step. Get the information and legal answers you are seeking by calling (213) 542-0979 today.