Board-Certified Criminal Defense Representation In Central Florida

One failed motion doesn’t have to spell defeat in sex abuse cases

by | Jul 15, 2016 | Sex Offenses |

Comedian Bill Cosby has seen his reputation as one of the country’s most beloved personalities destroyed in the months following numerous allegations that he sexually assaulted several women. However, it is the story of one alleged victim that matters most in the eyes of the law, as it is the only one recent enough to have resulted in criminal prosecution.

Considering all that is on the line in this case, it is no surprise that it is being closely followed and scrutinized by people all over the country. It is also no surprise that Cosby’s legal team is being aggressive in their challenges of the prosecution’s case. Most recently, it has targeted the apparent violation of Cosby’s right to confront his accuser.

According to this Reuters report, Cosby’s lawyers say that his rights have been violated because the prosecution did not call the accuser to the stand during the preliminary hearing. They argued that the decision to instead rely on hearsay evidence robbed Cosby of his right to face his accuser.

However, the state Supreme Court denied the defense’s request to have the charges dismissed as a result of this prosecutorial decision, and the case against Cosby will proceed.

This brings up the fact that in these cases, there is not just one defense strategy to employ. If one attempt fails, another can be pursued.

For instance, Cosby’s defense evidently plans to now confront the alleged victim and challenge her credibility. This is also a common strategy, as these cases often weigh heavily on he-said, she-said statements and whom the jury believes. Cosby’s attorneys say that the statement made by the alleged victim was given more than a decade ago and is evidently “plagued with inconsistencies,” begging further scrutiny.

As you can see, there are various options defense attorneys have when it comes to defending against sex crimes, from seeking dismissal of charges to challenging the prosecution’s case. Oftentimes, there are several plans and contingency plans in place to anticipate and push back against the prosecution.

This is why people typically consult an experienced criminal defense attorney when facing these types of allegations. Legal representation can help you develop plans A through Z to defend against charges, which is often critical in these situations.