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Criminal Defense of Sex Offenders - What an Attorney Should Know

You have been retained to defend a man accused of a sexual offense. He denies the allegation. How should you proceed?

You have reviewed the police report(s) and victim(s) statements.   Next have your client undergo a psychosexual evaluation.  This will provide you with information regarding your client's:

• Personality Functioning
• Sexual Interests
• Mood Disorders (Bipolar illness, Major Depression, etc.)
• Substance Abuse Problems
• Trauma
• Cognitive Functioning
• Level of Risk

How will such an evaluation help your client?

• If his IQ falls between 50-70 he is mildly retarded.  This will raise the question of competency
• If he has normal sexual interests that's a plus
• If he has substance abuse problems you will want him in treatment
• If his level of estimated risk is low that's a plus
• If he has a mood disorder you will want to refer him to a psychiatrist for a medication evaluation

If your client admits his guilt and says he wants to plead to the charge(s) then you should appraise him of the following:

• Doing so will probably mean that he has to register as a sex offender
• If he does have to register it will probably mean he has to register for the next 20 years
• Information about him and his arrest will be posted on the Internet
• His housing may be restricted
• He may lose his job and/or his job prospects will be limited
• Conditions of his probation - if he receives probation - will most likely be that he undergo an evaluation and treatment
• He will suffer some form of ostracism
• Neither you, nor he, will know what risk level he will be assigned by the registry board
• He may have to wear a GPS

If a plea deal is offered it is your duty to your client to appraise him of the consequences so that he can make an informed decision. Information you have obtained about your client from his psychosexual evaluation may assist you when negotiating with the prosecuting attorney.

 

Photo: G. Self