Common Defenses to Charges of Commercial Sexual

While Commercial Sexual Abuse of a Minor is a very serious criminal offense, it is also a charge that can be effectively contested in many situations as long as you understand exactly what the Connecticut Penal Code says about this offense and what the prosecution has to prove to convict you. Here are some examples of common defenses to charges of Commercial Sexual Abuse of a Minor in Connecticut, which a seasoned defense attorney from Mark Sherman Law may be able to help factor into your case.

Mistaken Identity

While it is fairly rare for this defense to be effective against Commercial Sexual Abuse of a Minor charges in particular, it is sometimes possible to overcome allegations of this nature simply by proving that you were not in fact the person whom police witnessed engaging in or attempting to engage in commercial sexual activity. More specifically, this defense centers around establishing that prosecutors cannot prove you were the person in question “beyond a reasonable doubt” through reliable witness testimony and other evidence.

Lack of Intent

By definition, Commercial Sexual Abuse of a Minor requires genuine intent by the perpetrator to provide something of value directly in exchange for a planned or completed sexual encounter. Accordingly, proving that you did not intend to engage in sexual activity as part of an economic exchange or that you did not knowingly provide anything of value could be a valid defense against charges of this nature, as could proving that you were coerced or otherwise pressured against your will into engaging in commercial sexual activity.

Age Misrepresentation

Another key component of Commercial Sexual Abuse of a Minor, as defined by the Connecticut General Statutes (C.G.S.) §53a-83b, is that you must have known or reasonably believed that the person with whom you had, planned to have, or attempted to have sex with was under the age of 18 at the time of the encounter. If you can show that you were knowingly and deliberately misled into thinking a minor was older than they were by convincing evidence, such as a fake government-issued ID, you may be able to use that as a defense against being charged under the aforementioned statute.

Misconduct by Police

Finally, failure by law enforcement officers to follow proper evidentiary and investigative procedures while arresting you on suspicion of Sexual Abuse of a Minor can prohibit prosecutors from lawfully convicting you, since the evidence on which the case against you is built was gathered unlawfully. In some cases, police misconduct takes the form of “entrapment” through sting operations, which may unduly pressure people into committing crimes that they would not have committed without police interference.

A Connecticut Attorney Can Help Construct Defenses Against Commercial Sexual Abuse Charges

It is worth emphasizing that this is not a comprehensive list of every possible counterargument you could make against accusations that you unlawfully paid, offered to pay, or attempted to pay for a sexual encounter with someone under the age of 18. Depending on the circumstances, the optimal defense strategy for your case may incorporate just one of these defenses in particular, several of them at once, or none of them at all.

Whether you use these common defenses to charges of Commercial Sexual Abuse of a Minor or structure your defense in a different way altogether, support from capable legal counsel will be vital to achieving the best possible case result. Call Mark Sherman Law today for the assistance you need, or click here to visit our Avvo.com profile and read verified reviews from satisfied past clients.