Online sexual solicitation cases can be complex and sensitive, and the best defense strategy will depend on the specific circumstances of each case. However, some common defenses that have been used in such cases include:
Best Defenses for Online Sexual Solicitation Cases
If law enforcement officers pose as minors in order to entice someone into committing a crime, a defense of entrapment may be raised.
Lack of intent:
It must be proven that the defendant had the intent to engage in sexual acts with a minor. If the defendant can demonstrate that they did not have the required intent, the charges may be dismissed.
In some cases, online sexual solicitation charges may stem from a false accusation, either maliciously or mistakenly made.
It is possible for someone to be misidentified as the person who engaged in online sexual solicitation.
If the defendant’s rights were violated during the investigation or arrest, such as through an unlawful search and seizure, the charges may be challenged on constitutional grounds.
It is important to note that each case is unique, and the best defense will depend on the specific facts and circumstances. An experienced criminal defense attorney can review the details of your case and provide a tailored defense strategy.
Additionally, it’s crucial to have an attorney that is familiar with the laws and regulations surrounding online sexual solicitation, as they can be complex and vary from state to state. An attorney can also ensure that your rights are protected and that the evidence against you is properly evaluated and challenged, if necessary. It’s important to remember that the burden of proof is on the prosecution and a defendant is innocent until proven guilty.
A solicitation lawyer is a criminal defense attorney who specializes in representing clients who have been charged with soliciting a crime, including online sexual solicitation. They can provide their clients with legal guidance, representation in court, and advocacy during plea negotiations or trial.
A good solicitation lawyer will be knowledgeable about the laws and defenses related to the specific charges, as well as the procedural rules that govern criminal cases. They will also have a thorough understanding of the evidence that the prosecution is likely to present, and they will be able to develop a strategy to challenge that evidence.
If you have been charged with online sexual solicitation, it is important to speak with a knowledgeable and experienced solicitation lawyer as soon as possible. They can help you understand the charges against you, evaluate your options, and build a strong defense.
There are so many complexities about online solicitation that it can be confusing to even the most tech-savvy person and innocent people can wind up in trouble without understanding what they’ve done to get there. If you’ve found yourself in such a situation, the first thing to do is start researching solicitation lawyers. The next thing to do is consider your defense. Here are some of the best defenses for online sexual solicitation cases.
Someone Else Was Using Your Computer
Reasonable doubt is your best friend in any online crime accusation, so if you can plant the idea that someone else in your house or workplace used your computer during the time the solicitation act occurred, you might be able to convince a jury that it’s possible you didn’t do it. It’s even better if someone else actually does use your computer because unless you’re caught on video, the opposing attorney will have a hard time proving it was you.
This defense is often called the SODDI defense or the Some Other Dude Did It and it is the weakest of the best defenses for online sexual solicitation cases. But that doesn’t mean it can’t work. If there is any possibility that someone else could have used your computer or other device during the time when the solicitation took place, you have a chance of being acquitted.
You Were Not Aware of the Minor’s Age
Minors want to seem older than they are and the virtual world makes it easy for them to convince people on the other side of a monitor that they are older. While you can sometimes tell how old someone is by their photo and their way of communicating, it’s not fool-proof, especially when there are all sorts of filters and makeup that can make someone look older than they are. If you have any doubt at all that the person is the age they’re saying they are, stop the interaction immediately.
But, if the horse has already left the barn and you’re charged with solicitation, you may have a solid defense if the minor told you they were older than their actual age. If you can, document when they told you their age (and hopefully, they did so in a text message) so you can show the court that you were engaging with someone you thought was a legal adult. Deception can be a good defense for online solicitation.
You Were Entrapped by Law Enforcement
Online solicitation stings take place all the time these days. While it’s good that law enforcement is working to keep children safer on the Internet, they can sometimes go too far and pressure people to do or say something they never would have said or done without the law enforcement’s influence. Entrapment is difficult to prove, but an experienced solicitation lawyer can help you mount this defense.
Regardless of your defense for online solicitation, you’ll want a lawyer by your side to advise you every step of the way. There are so many pitfalls in the legal system that it can be easy to fall in one and not be able to get out. An attorney will make sure that doesn’t happen so you can present your best defense.