In the court of public opinion, people accused of sex crimes are often considered guilty until proven innocent. Even if the accusations are false, the damage to your reputation can affect your career and family life. The consequences of a guilty verdict are severe and will affect you for the rest of your life. It is important to find an experienced and knowledgeable lawyer to start building a defense as soon as possible.
I am Attorney Terry L. Pierce. For more than 30 years, I have represented clients from across Oklahoma in sex offense cases. I understand what you are going through and the grave repercussions of a guilty verdict. You can count on me to protect your rights, make sure your side of the story is heard, and do everything in my power to help you avoid a sex crime conviction.
Collateral Consequences of Sex Crime Convictions
Nothing good can come of a sex crime conviction. While many are aware of the legal ramifications that result, such as steep fines and lengthy jail sentences, collateral consequences stem from a sex crime conviction as well. If found guilty of a sex crime charge, one may be unable to work in specific industries or acquire professional licensures – such as teaching, real estate, nursing, and law.
The convicted may experience discrimination in housing and employment. Potential employers and landlords typically conduct background checks, and a criminal record can curtail one’s chances of being hired or securing housing in government-assisted programs. Potential employers and landlords typically conduct background checks, and a criminal record can curtail one’s chances of being hired or securing housing in government-assisted programs. For more information, refer to the U.S. Department of Housing and Urban Development.
At times, international travel restrictions may also be implemented. Several countries conduct background checks, thus denying entry to individuals with criminal records.
Defending Common Sex Offenses In Oklahoma
Prosecutors almost always push for maximum punishments in sex crime cases, especially those involving rape or crimes against children. Penalties may include fines, time behind bars, and inclusion on the sex offender registry. Listed below are some of the types of cases that I am involved in most often:
- Sexual abuse of a minor
- Sexual battery
- Rape
- Lewd molestation
- Prostitution (offering to engage)
- Pandering and pimping
If you believe that you might be charged with a sex crime, then the time to act is now so that you have the best chance of minimizing negative consequences. Don’t wait for charges to be filed before you start working on your defense. Every minute counts.
Cybersex Crimes and Online Solicitation
A cyber sex crime refers to any sexual offense carried out through a mobile device, computer, text message, cell phone, internet connection, or any other means of electronic technology.
Cybersex crimes include the act of downloading, distributing, trading, purchasing, or interacting with another person to receive or send child pornography, as well as soliciting sex with another individual.
Recently, it has become increasingly common for law enforcement agents looking into cybersex crimes to engage in undercover online sting operations. In many of these sting operations, the undercover officer eventually sets up a meeting with the accused defendant – and it is here the defendant is placed under arrest. Defendants caught in this scenario often argue that the undercover officer used entrapment to make the arrest since entrapment is considered illegal. Given the facts of the case, an experienced attorney should be able to determine if entrapment occurred.
The digital age has dramatically changed how crimes are committed and how experts investigate them. Digital evidence is now being used in court, from emails and text messages used as written admissions to digital transactions used as a record of one’s financial activities. However, methodologies must be followed to ensure digital evidence’s proper collection and preservation. Digital evidence is also subject to challenges such as jurisdictional issues, data authenticity, and privacy concerns.
Sexting and Revenge Porn Laws in Oklahoma
Sexting is the act of sharing explicit texts and images. Though the act itself is not a crime, the act can typically be criminally prosecuted as the distribution or possession of child pornography, particularly if the individual possesses or sends an image of someone below 18 years old or if text messages are used to solicit a minor.
If a minor sends a sexually explicit image to another person – even if the image is of themself – then they can also face sex crime charges. The reason is that disseminating sexually explicit photos of a minor is a crime, regardless of who sends the image.
An individual who engages in sexting with a minor may face various related sex crime charges. Penalties vary according to the crime the defendant is charged with, but maximum penalties include sex offender registration and life imprisonment.
According to Oklahoma’s Juvenile Code, sexting among and between minors is classified as a criminal misdemeanor. However, penalties ultimately depend on factors such as the age and consent of the individual in the image and the total number of people the image was sent to.
Revenge porn, on the other hand, occurs when sexually explicit or revealing photos or videos of an individual are distributed without consent to cause the victim emotional distress or embarrassment. This type of conduct has severe repercussions in the state. Oklahoma law bans disseminating such images without permission, and penalties for doing so are up to one year in prison or a $1,000 fine.
Defense Strategies For Sex Offenses
It cannot be stressed enough how important it is to get a skilled attorney working on your defense as soon as possible. By the time charges are filed, the prosecutor has already started building the case against you. To prove your innocence or get charges reduced, I need to gather as much information as possible as quickly as possible. Things that may be pivotal to your defense, such as DNA testing and scheduling an evaluation with a forensic psychiatrist, can take months to arrange.
I want as much time as I can get to gather evidence that might allow me to challenge the credibility of the accuser, prove that there is a lack of evidence showing guilt, or show that there was a motivation for false accusations, such as revenge or a child custody dispute. Other defense strategies I may pursue include proving that the sexual act was consensual and reviewing the arrest records to see if appropriate interview techniques were used. I will use every insight I have gained in over three decades as a criminal defense lawyer to protect your rights and make sure you get a fair trial.
False Memory Syndrome in Historical Sex Crime Cases
In some sex crime cases, False Memory Syndrome comes into play. This psychological phenomenon refers to creating distorted or false memories by individuals implicated in criminal cases.
False memories can be challenging to distinguish from genuine memories, leading to unreliable testimonies and wrongful convictions when introduced in criminal cases. It is a challenge to distinguish false memories from real ones in court, especially when one truly believes something to be accurate, even if the memory is false.
In some cases, expert witnesses may be asked to provide expert testimony on a specific key area, such as memory reliability. These experts may be asked to educate the jury and the judge about memory functioning and then apply such knowledge to a specific case. They may also be asked to read the case files and then use their expertise to provide a formal opinion about a case.
DNA Evidence in Sex Crime Cases
DNA evidence has become a game-changer in criminal cases. Technological advancements have made DNA testing even more precise, transforming how criminal cases are defended and investigated.
Sometimes, DNA samples are not properly collected, handled, or transferred, which can corrupt or make the evidence unusable in court. DNA evidence may be rejected if the lab uses unreliable methods to collect or analyze the samples, contaminates the biological sample, or fails to maintain quality control throughout the process.
If meticulously collected and handled, however, then DNA evidence can be used effectively in defense strategies of sex crime cases. If the DNA of the accused cannot be found on the victim’s body or at the crime scene, for instance, then a skilled defense attorney may be able to argue that the accused was nowhere near the scene of the crime.
Since the advent of DNA technology, it has played a pivotal role in convicting criminal defendants. Due to its popularity, many jurors expect DNA to be present as routine proof of a conviction. This, however, is not always the case and plays into the hands of criminal defendants, especially those with solid alibis and who face other circumstantial evidence against them.
Contact Me Today
Whether you have been charged with a sex crime or believe you may be accused of a sex crime in the near future, the time to act is now. Call my Norman office at (405) 579-3700 or fill out my online contact form.