Sex Crimes Defense in Minnesota

Thomas C. Gallagher, Minneapolis sex crimes attorney, defends people from felony sex crime charges.  And he’s done so for three decades in the Twin Cities area and Greater Minnesota. 

Sex crimes defense is serious business.  So that’s why you need the best defense, from a serious criminal attorney like Thomas Gallagher.

With what’s at stake, you should have an experienced sex crimes lawyer, like Gallagher, putting forward the defense case.

Thomas C Gallagher, Sex Crimes Attorney in Minneapolis
Thomas C Gallagher, Sex Crimes Attorney in Minneapolis

Attorney Thomas Gallagher has the necessary experience defending people accused of Minnesota sexual assault, rape, child abuse, prostitution, as well as cases involving child porn charges, internet sex crimes, and every type of Minnesota criminal sexual conduct case.

Accused of a Sex Crime? Call Sex Crimes Attorney Thomas Gallagher: 612 333-1500

Big penalties; but little evidence

In sex crimes prosecutions, much at stake.  But typically the prosecution has little or no real, physical evidence.

Why the stark contrast? 

Sex crimes carry the most severe consequences, but are routinely prosecuted with the least reliable evidence.

Traditionally, prosecutors would charge “the most serious, provable offense” based upon the evidence they thought they had.  But in recent years, many prosecutors have lowered their standards for charging.

So now, some prosecutors are competitive, looking only for arguable inferences of guilt.  But they ignore evidence of innocence.  The truth becomes inconvenient for them.  And they become indifferent to justice. 

This, along with slip-shod police and forensic investigation work results in a many cases based upon accusations alone.

But an experienced sex crimes attorney can help you avoid an unjust conviction and the big penalties that follow.

Children Can and Do Bear False Witness

Do children lie?  Yes – of course they do sometimes lie.

What child, or adult, has not?

History has shown that children sometimes lie, to police and in court, often under the influence of adults.  A sex crimes attorney with experience in these cases can help bring out the truth.

Adults Lie Too

Do adults lie, claiming to be “victims” when in fact they are not?  Or misdirect blame to a more convenient, innocent party?  History has proven that they do.

And it happens every day.  But an experienced sex crimes attorney put their story to the test.

Salem Witch Trial Pointing Finger
Sex crimes defense: Salem Witch Trial Pointing Finger

“An Army of Devils is horribly broke in upon Salem which is the center, and, after a sort, the first born of our English settlements, and the houses of the good people there are filled with the doleful shrieks of their Children and Servants, Tormented by Invisible Hands, with Torture altogether Preternatural.”  Cotton Mather, Prosecutor of Witches

“Better that ten suspected witches should escape than one innocent person be condemned.”  Increase Mather (father of Cotton), 1692 sermon to end the Witch Trials.

Liars, and the lies they tell

When a person, regardless of age, tells a story about the past, we are right to wonder:

  • “Is this person an accurate historian?
  • How do biases filter this person’s perception, memory, report? What subjective perspectives?
  • What agendas?
  • How do they benefit, from their story?

Shifting the Burden of Proof

The prosecution often seeks to shift the Constitutional requirement that the government shoulder the burden of proving – showing with evidence – guilt. And they ask: “Why would they lie?”  (As if poor historians are always intentionally poor historians.)

A better question is: “Why believe a grave accusation from this person, given subjective perception and lack of corroboration?”

Witnesses in court are human.  They makes mistakes.  Human beings “lie.” 

There may be 1,000 reasons. But they are prepped and coached for their trial testimony by the government’s lawyers.

You know that you did not do what they say

When someone makes a false allegation against you, you know. 

You know that it is a false claim.  But can you know what is in mind of the accuser?  If they are knowingly saying untrue things, can you know their motive for doing that; or other reason?

You may have suspicions about why they are lying – where there is a history of conflict.  To feel powerful?  Or, to get even?  To please a parent?

Would it be fair to place a burden upon you to explain what another person does?  Or to prove your innocence — to prove a negative?

And of course people who are poor reporters of historical events can be sincere.  People may believe what they are saying is true, even though it may not be.

The accuser can come to believe a false story themselves.  After repeating it, it can become a false memory.

How can you tell someone is lying when they believe the story they are telling?  Looking them in the eye isn’t enough.

We’ll need to look at more evidence than just “he said, or she said;” if there is any.  Your sex crimes attorney should be able to point that out.  A mere accusation is not enough.

What makes a person an inaccurate historian?

The answer may have more to do with the accuser than the accused or any relationship.  It could be rooted in the accuser’s hatred, mental health, or cognitive issues of perception, memory or judgment.  Even “coaching” of allegations, as in many high-profile cases of false accusations could be to blame.

The real question is “Where is the proof?”  Accusations can be easily uttered.  Anyone can point a finger. And there are rewards given for doing so. 

But at common law, even in Biblical times, no person could be convicted of a crime based upon mere accusations without corroboration, without real evidence.

Thomas Jefferson
Thomas Jefferson

“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”
Thomas Jefferson to Thomas Paine, 1789.

Some people with false convictions have been unequivocally exonerated by DNA evidence in recent cases.  So these show us how fragile the police and courts are; how easily we can be deceived by allegations.

Those juries convicted innocent people of crimes they did not do.  But they were led to it by police, prosecutors, and judges.  And when bad evidence is fed to a jury; it’s Garbage In, Garbage Out — a sham.  

The right to present your defense

A sex crimes attorney must protect the right to a real jury trial.  We must protect your right to present a defense.  And we do by getting courts to allow juries to see all the evidence for the defense.

The very foundation of liberty and democracy:  The presumption of innocence means holding the government to its burden of producing real evidence.  Every plausible doubt must be resolved in favor of the person targeted by the government.   You have the right to legal counsel of your choice.   And every juror and every person must enforce all the other Constitutional laws protecting everyone’s Liberty and Freedom from injustice.

Sex crimes lawyer defenses:

Prevention:

Jurisdiction:

Sex Charges:

  • Minnesota Criminal Sexual Conduct: First Degree, Second Degree, Third Degree, Fourth Degree, Fifth Degree
  • Sexual Assault defense, rape case defense
  • Statutory Rape (With Consent, but claimed underage partner)
  • Sex Crimes Defense, sex crime charges, felony sex crimes, misdemeanor sex charges
  • Prostitution charges – customer and sex workers
  • Sodomy and Gay-targeted crimes
  • Indecent Exposure

Child Sex Crime Claims:

  • Child Sexual Abuse claims (criminal), child abuse cases
  • Internet-Based Sex Crimes: Solicitation of Sex with Underage Person
  • Child Pornography charges (Child Porn)

Defenses:

  • Consent
  • Age
  • Relationship
  • Exculpatory evidence
  • Computer-based evidence
  • Search and Seizure issues
  • Evidentiary issues, chain of custody, admissibility

The Scott County Sex Abuse scandal – false accusations implanted in children

In the 1980s, sex crimes attorney Thomas Gallagher began work on a high-profile Scott County Sex Abuse scandal case.

Thomas Paine
Thomas Paine

“He that would make his own liberty secure must guard even his enemy from oppression.”

– Thomas Paine

An innocent woman’s children were taken from her for years.  The prosecutor made child sex abuse charges.  But later the claims proved to be false.  A guilty man was hoping to sabotage his criminal prosecution, via shocking false claims against neighbors.

Social workers, police officers, and prosecuting attorneys improperly interviewed children.  They suggested sexual conduct, and influenced them to make or endorse false, fantastic allegations.

Sex cases are particularly susceptible to both intentional and accidental injustices of monumental proportions.

The children were returned to their mother only years later.  With help from a sex crimes attorney, all charges were dropped.  But none of their lives would ever be the same. So they were  permanently damaged by incompetent police, prosecutors and government and by a weak criminal justice system.

Unfortunately, this case was not an aberration.  And today, the authorities still file false charges, based upon unreliable interviews of children. 

Thomas Gallagher has handled many similar cases over his 30 years as a Minneapolis sex crimes lawyer.

Sex Crimes Attorney’s help during the police investigation

Sex crimes atotrney: DNA evidence can lead to both  false convictions; and to exonerations
DNA evidence can lead to both false convictions; and to exonerations

The sooner you can get a sex crimes attorney’s help in one of these situations, the better.  So once an accusation has been made, a good sex crimes lawyer like Thomas Gallagher can help the person accused:

  1. avoid providing evidence police can misconstrue or distort into evidence of guilt;
  2. provide counsel about any requested police interviews or searches;
  3. plan and manage an investigation to refute or disprove false claims; in certain cases;
  4. develop information and evidence to help persuade authorities not to file charges.

The Defense never rests: after charges filed

If charges are already pending, you need the best legal help you can.  And you need it as soon as you can – given how much is at stake in these cases.  But much harm can be prevented by having good legal counsel and representation as soon as possible.  So it is never too soon to protect yourself from a false charge.  A good legal defense requires time to prepare.

Our other online information resources on sex crimes defense

Because sex crimes defense cases are an important part of our practice, we have extensive and valuable online resources on related topics and issues.  Here are the most popular, with links.


GallagherDefense.com:

Gallagher Criminal Defense logo sm

Not-Guilty

Overview of Minnesota Criminal Sexual Conduct Laws

Minnesota Criminal Sexual Conduct Statutes | Minnesota Sex Laws

Underage Consensual Sex | Statutory Rape

Juveniles facing sex crime charges in Minnesota

Child Pornography Defense

Predatory Offender Registration

Indecent Conduct Crimes in Minnesota

Prostitution Laws in Minnesota


Minneapolis Criminal Law Blog:

cherry-spoon-blog-logo-190

Romeo and Juliet Law: Minnesota Sex Crimes Based On Age

Jesus as Defense Lawyer: The Woman Accused of Adultery

Prostitution and Minnesota Law

Sex crimes attorney Thomas Gallagher – There is no substitute for experience

Sex crimes attorney Thomas C Gallagher has been successfully defending people from sex-related criminal charges since 1988.

Thomas Gallagher, Sex crimes attorney in Minneapolis
Thomas Gallagher, Sex crimes attorney in Minneapolis

Thomas Gallagher is a criminal lawyer in Minneapolis.  He has experience using defense experts to analyze forensic computer-based evidence, child porn evidence, sex offender psychological profiles.  And he also uses accuser psychological profiles, polygraphs, as well as DNA evidence.

Thomas Gallagher’s experience includes working with investigators, detectives, computer and sex crimes task forces, and the FBI.

Question?  Call Sex Crimes Attorney Thomas Gallagher for a thorough, aggressive defense | 612 333-1500