Many parties can share responsibility in a sex crimes case

Issues regarding culpability and legal liability routinely emerge in all areas of the law, which can make a timely consultation with a proven attorney a critically important first step for an injured victim to take.

And that can be especially true in the realm of sex crimes, for several very important reasons.

For starters, prosecutors take the lead in any criminal investigation against a defendant accused of a crime like rape. In fact, the state — not the individual who was victimized — is the party bringing a case.

That can sometimes lead to a disconnect and conflict of interest between the government and the person who was sexually violated, given that state lawyers are actually acting on behalf of “the people” — that is, the general public — and not the individual who suffered as the result of a violent sexual act. What is in the best interests of the public might not — in fact, often doesn’t — fully accord with what best serves the actual human victim.

And here’s another point: The central focus in many criminal cases involving sex crimes is solely upon the single perpetrator who committed a violent and unlawful act. That focus is unquestionably proper, of course, but it is often at the same time extremely and even unfairly narrow.

And here’s why: A rape, for example, is often carried out only because parties beyond the immediate assailant enabled commission of the act. Perhaps the owner of a bar or hotel or other locale where an assault took place was negligent in providing security. Perhaps a school official did not properly perform a background check on an employee who turned out to be a violent criminal. Perhaps all the lights in a parking lot were broken.

These are important matters, given that responsibility in a sex crimes matter can indeed be dispersed and broadly shared.