Skip to content

The Entrapment Defense in Sex Crime Cases

Home » Firm News » Sexual Harassment » The Entrapment Defense in Sex Crime Cases

Entrapment is a term that you may have heard of before since it is commonly used in different cases. It is a word that is used to describe a situation where someone was persuaded by an officer of the law to commit a crime that he wouldn’t have otherwise committed.

It is a defense that is used by people accused of crimes they are not guilty of doing. One typical case where the argument is appropriate is in sex crime cases. A police officer may coerce you into doing something, and that should not be your fault.

However, this type of defense is not as easy as it seems. There has to be a clear indication or proof or the coercion and that the accused wasn’t going to commit the crime anyway. If you find yourself in such a situation, the most important thing you need is a great lawyer. An excellent attorney will discover whether or not the defense would stand and if not he will come up with a different option.

What Are the Different Types of Entrapment According to Sex Crime Lawyer?

There are two types of entrapment, and these are subjective and objective. Both of these focus on different aspects and people involved in the case. 

Subjective entrapment focuses on the accused and whether or not there was a willingness to commit the crime. It works by finding out whether the person would have committed the offense if the coercion wasn’t present. That aspect is what is most important when dealing with such cases and it is the number one thing that your lawyer will focus on proving.

Objective entrapment happens when a law enforcer overstepped in coercing the accused to commit a crime. It examines whether the actions of the police would have led a normally law-abiding citizen to commit a crime that they wouldn’t under normal circumstances. That is by giving hard ultimatums that one is unable to get out of without an extreme risk on either side.

The entrapment law is necessary to root out those police officers that go overboard in a bit to catch a criminal. That is because many times they do not find any criminals but good citizens who didn’t see a way out of their situation. However, proving that the blame should fall on the government agent is not an easy task.

Because of this, it is essential to have an attorney that understands how entrapment law works. As a result, he will find how best to present your case so that you are not punished wrongly.

How to Prove Entrapment in Sex Crime Cases

Entrapment is pretty easy to understand. However, it is a defense that a lot of people misuse just because it seems natural to prove. As a result, it requires a lot of careful defense planning so that you may be absolved of your charges due to an actual entrapment.

For sex crimes, you need to show that you wouldn’t have committed the crime were it not for the persuasion of the police. This evidence is vital since it proves without a doubt that you had nothing to gain from the offense. You can also show that you committed the crime since it was a lower risk than having to do the opposite. That means that you should prove that you had few to no options which led to the crime. 

In sex crimes, invitation and entrapment are often confused hence one may misuse the entrapment defense. Sometimes the law officer may invite you to commit a crime without giving you any hard limits. In such a case, you can choose to say no so the entrapment defense wouldn’t work for you. However, with an experienced lawyer, you can find a way of proving your innocence in such a case.

Call Sexual Harassment Attorneys San Diego Today for Your Consultation

Entrapment is a great defense to use in a sexual crime case if you didn’t mean to. Many people find themselves in such situations unaware of their options. That is why the first thing you need is an excellent lawyer that will work on your defense so that the judge and jury find you innocent. Talk to San Diego Criminal Defense Lawyers today and let us advise you on the best route to take for your case. Our attorneys are dedicated to all our clients, and we will ensure that you get that innocent verdict. 

Scroll To Top