How We Got Charges Dropped in a Juvenile Sexual Assault Case
Client’s case nulled due to alleged victim not cooperating with the State.
Earlier in the year, our juvenile client was arrested for sexual assault in the 1st degree. The assault allegedly took place at a boarding school. One of the defenses we raised was that the alleged sexual encounter was consensual. The State wanted to speak with the alleged victim and assess his/her credibility. After 6 months, the alleged victim refused to tell the State his/her side of the story. The State dropped the charges.
While the charges were pending, the case had a significant impact on our client’s life. The client had to live at home, get tutored, be monitored by probation, and face a great deal of social isolation. Now, the client has been able to enroll in another school and can play on a sports team and do other activities with no restrictions. Thankfully, the State acted fast to clear our client’s name. Too often, cases like this take several years to resolve.
Over the years, we have had a number of cases with similar facts. Two people engage in consensual sex. When a third party finds out, one of the persons involved becomes embarrassed, or humiliated, or refuses to admit the sexual activity to a parent who finds out, or to a steady boyfriend/girlfriend. The “victim” tells the police and an arrest is made. The arrest has a cascade effect on the accused: school expulsion, loss of housing privileges, loss of job, public humiliation, and much more. It is very important to examine very closely every piece of evidence, especially phone records and social media accounts of the “victim”. In this case, the “victim” reached out to our client through social media and that act damaged the State’s case. The credibility of the “victim” became questionable. Oftentimes, late disclosure, no physical evidence of assault and no record of reporting a sexual assault in the “victim’s” medical records can help us defend our client. The facts can lead to a case being thrown out, or a client pleading guilty to a lesser included offense such as a lower degree of sexual assault, a non-sexual assault, or unlawful restraint. These charges could be misdemeanors and could also prevent the client from having to be listed on the sex offender registry.
Attorney Ryan P. Barry’s civil practice focuses on personal injury, commercial litigation, workers’ compensation defense, municipal law, and NCAA investigations. Attorney Barry is also a seasoned criminal litigator, having handled hundreds of cases in Connecticut’s state and federal courts. Learn More