On behalf of The Marks Law Firm, L.L.C. posted in Federal Crimes on Tuesday, August 14, 2012
A criminal conviction is often accompanied by serious penalties. This is true of all crimes, including sex offenses. This is illustrated by the experience of a Missouri man who continues to face the consequences of sex crimes that he committed over 10 years ago. Although the man admitted to committing rape and he served his prison time, his case continues.
In 2001, a Missouri jury found the man guilty of raping a 25-year-old woman. While under oath, the man claimed to have raped two additional women. He was sentenced to and served ten years in prison.
Now that his prison sentence is complete, the court has determined that he is a sexually violent predator. When an individual is determined to be a sexually violent predator, they are released into the custody of the Missouri Department of Health. For this man this means that, although he has completed his sentence, he is now being sent to the Farmington Sex Offender Rehabilitation and Treatment Center.
Those that find themselves facing federal charges for federal sex crimes should not feel like all hope is lost. Depending upon the nature of the case, it does not always have to be an ongoing battle like it has been for the Missouri man in this situation.
All criminal defendants have rights under the Fourth, Fifth and Sixth Amendments to the U.S. Constitution. If these rights are not respected and upheld by authorities, there is the potential for the dismissal of evidence or even a dismissal of the case.
In addition, in a case involving sex offenses, the prosecution must prove their case beyond a reasonable doubt. This is the highest burden of proof. A defendant may be able to prove the existence of reasonable doubt by arguing consent, diminished capacity or alibi. No matter how severe the situation may seem, there are always options that should be evaluated before giving up and feeling like there is no hope.
Source: KSDK.com, “Steven Whitt ordered to sex offender treatment center,” Kristen Gosling, Aug. 7, 2012