09/22/2025
"How We Got Charges Dropped in a Juvenile Sexual Assault Case"
Client’s case nolled due to alleged victim not cooperating with the State.
Earlier in the year, our juvenile client was arrested for s*xual assault in the 1st degree. The assault allegedly took place at a boarding school. One of the defenses we raised was that the alleged s*xual 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 s*x. When a third party finds out, one of the persons involved becomes embarrassed, or humiliated, or refuses to admit the s*xual 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 s*xual 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 s*xual assault, a non-s*xual assault, or unlawful restraint. These charges could be misdemeanors and could also prevent the client from having to be listed on the s*x offender registry.
Case Results DISCLAIMER: The following results and outcomes listed on this page are specific to the cases described and are not a guarantee of results. Sexual Assault Client’s Case Nulled Due to Alleged Victim Not Cooperating With the State Earlier in the year, our juvenile client was arrested for...