In fiscal year 2024, the United States Sentencing Commission reported 1,430 cases of sexual abuse out of a total of 61,678. But for some, the most critical issue in sexual assault cases is the clarification of the legal rights of the accused.
Each right plays a major role in the establishment of a fair and just system. You may wonder how the presumption of innocence and the right to legal representation alter the legal process.
According to sexual assault lawyer Kevin Stockstill, serious penalties await people who are convicted of sexual assault. But what happens if one’s rights are ignored?
Let’s discuss the different legal rights that an accused in sexual assault cases can exercise to defend themselves.
Presumption of Innocence
The legal presumption of innocence is a basic concept that underpins the law and declares that any individual accused of a crime is to be treated as innocent until the contrary is proved. This idea is very important, as it shifts the responsibility to prove the case on the part of the prosecution.
By its verdict, the court creates a just and liberated area around it, where individuals are aware of their rights and are assured of their safety.
You have the right to receive fair and polite treatment during the whole process of the trial. Keeping to this rule not only protects you but also shows your faith in the courts.
Right to Legal Representation
In case of serious allegations like sexual assault, legal representation is absolutely necessary. Not only does it mean proclaiming your cause but also ensuring that your rights are protected throughout the course of the trial.
A skilled defense attorney will be very thorough in every aspect of the law and will thereby help you manage the complications of your case.
The presence of an attorney will not only provide you with legal support but also psychological support since they will constantly remind you that you have a companion in your fight. Everybody has the right to a fair chance of demonstrating their case and you can expect such a result if it is coupled with the right representation. You have a right to be heard and defended.
Be assured that your lawyer will be with you in every step of your defense preparation, from evidence gathering to refuting any false accusations against you. For more information about criminal defense lawyers, visit https://www.santanalawpllc.com/.
Protection Against Self-Incrimination
You must be informed about your right to silence if you are confronted with accusations of sexual assault. This right is important to avoid incriminating yourself. The core idea of this right is that you cannot be compelled to reply or present proofs that could suggest your guilt.
You will always be protected from being compelled to reveal any information that could be harmful to you. You can resort to this right if your intention is to stop making wrong or even misrepresented statements.
A skilled lawyer can walk beside you during this hard time and protect your rights at the same time. A legal expert will take care of your case, making you more confident regarding its status.
Right to a Fair Trial
Going through the process of handling sexual assault accusations might make you feel scared and doubtful. The right to a fair trial is one of the main points of justice granted to every accused person. As part of your rights, you have the right to a jury that is not biased, a judge who will be fair to you, and the ability to state your case. A person accused of a crime has the right to a complete hearing and is also entitled to being treated with courtesy throughout the trial.
Accused individuals should take advantage of their right to be granted legal counsel and be subjected to a fair trial. This principle being applied not only helps you but also maintains the trustworthiness of the judicial system.
Access to Evidence and Disclosure
Access to evidence and disclosure is necessary for a fair trial. You have a right to know the evidence against you that will be presented by the prosecution. This access is not only a right but also a fundamental aspect of your defense. If you and your lawyer have access to the evidence, then you are in a stronger position to challenge the case and present your argument.
Disclosure consists of witness statements and other documents deemed case-relevant and were already given to both parties. The prosecution’s attempt to conceal some evidence could negatively impact your right to a fair trial.
Access to such information is your legal right and a vital factor in your defense strategy. The knowledge of the evidence to be presented enables you and your lawyer to get ready properly and to tackle the case with more assurance.
