Charges: Gross Sexual Assault (Class “A” Felony); Unlawful Sexual Contact (Class “C” Felony)
Maximum Penalty: 30 years on the Class “A” and 5 years on the Class “C” = 35 years prison and $30,000.00 in fines plus a lengthy term of probation.
Summary: Client, a middle-aged man, lived next door to a young girl (age 13) and developed what he believed to be a platonic relationship. The young girl became infatuated with the client and attempted to seduce him. Her advances were rebuffed. Months later she claimed that my client had had intercourse with her against her will and indicated that he was attempting to entice her into a sexual relationship for months. Client was shortly served with an arrest warrant for the alleged conduct.
Result: During our investigation into the “victim’s” background, we learned that she had accused another man of sexually assaulting her. In addition, we learned that the lead detective on the case was telling witnesses not to speak with our private investigator. Because of the “victim’s” credibility issues, the police tampering with our investigation and the length of time that had passed from the alleged conduct to the time of the report, the DA agreed to dismiss both felony charges and my client pled guilty to a single count of Assault (Class “D” Misdemeanor). The client was sentenced to a year of probation and no jail time as well as a fine of $300.00. Needless to say, my client was thrilled to clear his name and avoid the possibility of a lengthy prison term.
