MORE ON SEXUAL ASSAULT ACCUSATIONS
Attorney Mark Osborne does not remember the last time he watched the news or read an article when someone wasn’t being accused of Sexual Assault.
Sexual Assault essentially occurs when someone’s genitals, breasts, buttocks are touched (under or over his/her clothes) or his/her mouth, genitals, anus are penetrated for sexual gratification and without his/her consent. For a more complete, precise, and voluminous definition of Sexual Assault, please see New Hampshire RSA Chapter 632-A.
New Hampshire’s Sexual Assault laws are long and encompassing. Essentially, Sexual Assault laws in
New Hampshire are aimed at punishing non-consensual sex acts alleged to have been committed on another person. Non-consent has many forms. Non-consensual sex acts can occur when there is sexual penetration and/or sexual touching of a person without consent by way:
- Force
- Impairment by alcohol or drugs (“I was too drunk/high to consent to sex.”)
- Undue influence (Teacher/student, jail guard/prisoner, police officer/detainee, etc.)
- Undue power or authority over the Accuser.
- Significant disparity in ages between the Accused and the Accuser can also trigger a legal presumption of non-consent between the actors.
The sexual assault laws/RSA’s are wordy, long, and worth a thorough read, so feel free to Google them.
Sexual assault allegations are made every day by and against persons from all walks of life. Having been a criminal law practitioner nearly twenty years, Attorney Mark Osborne has seen three kinds of sexual assault allegations:
- True allegations (someone was in fact sexually assaulted by the Accused/Defendant);
- False allegations (someone was not sexually assaulted by Accused/Defendant); and,
- Unclear allegations:
- Someone definitely had sexual contact (whether it be sexual touching or sexual penetration) with the Accused/Defendant and believes he/she was assaulted, but the evidence is inconclusive (to a third person) as to whether the sexual contact was consensual or non-consensual.
- These cases often include claims by the alleged victim of impairment by drugs or alcohol, confusion, or other factors wherein he/she does not believe she/he freely consented to sexual contact with the Accused/Defendant.
At OSBORNE LAW, we don’t judge our clients – we HELP them. Attorney Mark Osborne has represented innocent people accused of Sexual Assault. He has represented people who were not innocent. And he has represented people whom ‘til this day we are still uncertain about their guilt or innocence. Sexual Assault allegations are serious and they will not go away on their own. A conviction for Sexual Assault can deprive you of your freedom, your reputation, you career, your family, your friends, and your sanity.
Sexual Assault laws are complex. Sexual assault accusations are often hurled at defendants by police detectives without their first having conducted a proper or thorough investigation. In fact, at Osborne Law we have seen shockingly incomplete and incompetent sex assault investigations. We have seen instances wherein had the lead detective done his/her job properly, our client(s) never would have been arrested. The pitifulness of these half-assed investigations are rarely challenged or second guessed by prosecutors.
The good news is that once an arrest is made and someone is ultimately charged with sexual assault, the police are usually done investigating. The prosecutors rarely launch their own “follow-up” investigation. Therefore, it should be no surprise to you that no one will work harder and investigate more thoroughly than your defense lawyer. This is true of most defense lawyers who represent people accused of Sexual Assault. At OSBORNE LAW, if we take your Sexual Assault case, we will NOT be outworked by the State, the police, or your prosecutor. Although we deploy private investigators of the highest caliber and training, it is not unusual for Attorney Mark Osborne to find himself working right along side them. Ask Attorney Osborne about all the times he has walked the alleged crime scene, measured the distance between a bed and the floor, inspected the thickness of a wall (to determine if sound carried and if any alleged screams could be heard next door), and found that one key witness who’s story completely disproved and obliterated the false allegations against his client(s).
We are not here to make blanket statements about sexual assault, the people who make such allegations, nor the persons accused of Sexual Assault. We will simply tell you that we have seen true allegations, false allegations, and everything in-between. Whichever category best fits your case, one thing is for certain: You NEED a lawyer who knows what he/she is doing and who will give your case the time and attention that it absolutely requires. There is NO SUCH THING as a slam-dunk, inexpensive, easy, obvious, or quick remedy to a Sexual Assault accusation or arrest. If you are accused of Sexual Assault and you have no where to turn as the pressure mounts, we at OSBORNE LAW may be just what you need.