Why Some Attorneys Avoid Criminal Sexual Conduct Cases — and Why We Don’t

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When people hear “criminal sexual conduct,” most think guilt first and facts later. That snap judgment makes these cases some of the hardest in criminal defense. It is also exactly why we do them.

Below is a candid look at why many lawyers steer clear of these cases, and how our team approaches them differently.

Why some lawyers avoid these cases

1) Emotional discomfort
For some attorneys, the subject matter hits too close to home. They imagine their own family and feel they cannot sit with the facts and the human complexity. If a lawyer cannot hold steady in that space, it is better for everyone that they step aside.

2) Public image concerns
Lawyers worry about how it looks to represent a person accused of a serious offense. They fear being labeled by the worst allegation in the file. Reputation pressure is real, and it drives some to focus on lower-stakes work.

3) The pressure is extreme
The stakes are high for the person accused. That pressure sits on the defense team’s shoulders too. Not everyone wants that weight, day after day.

4) Built-in bias with juries
Walk into a courtroom and you can feel it. In these cases, many jurors begin with an assumption of guilt. Overcoming that requires skill in voir dire, comfort naming the “elephant in the room,” and a plan to teach true presumption of innocence.

5) Legal and factual complexity
These cases are rarely a single clean issue. They involve memory, alcohol, consent, digital evidence, trauma, and sometimes dozens of counts. Pretrial motions, like severance when there are many charges, can make or break the outcome.

Why we do them anyway

We start with the Constitution
Our system demands that we presume innocence and that the State prove guilt beyond a reasonable doubt. If the defense does not insist on that, who will?

We see the whole person, not a single night
People are more than the worst thing said about them. Some are falsely accused. Some are over-charged. Some made a mistake but have a life of contribution and a path forward. We tell that full story so judges and jurors can see a human being, not just a headline.

Read Pat’s Story

We lean into feelings to get to facts
Jurors decide facts through the lens of what they feel. That is not manipulation. It is human. We connect on universal truths like fear, betrayal, survival, and love. When jurors feel the humanity in the case, they can finally hear the evidence.

We do the hard work in jury selection
We have frank conversations in voir dire about prior experiences, biases, and what “innocent until proven guilty” actually means. We do not dodge the tough topics. We confront them with honesty and respect.

We litigate relentlessly
From investigating digital footprints to filing targeted motions, we work the details. In multi-count cases, for example, we may seek severance so unrelated allegations are not unfairly bundled together.

We support life during and after the case
Cases are chapters, not the whole book. We connect clients with treatment, mental-health resources, and practical support. We aim for the right legal outcome and a healthier life on the other side.

What this looks like in real life

  • Falsely accused, fully acquitted: A client accused of third-degree criminal conduct faced real prison time. After a contested trial and honest conversations with jurors during selection, he was acquitted on all counts.
    See recent client story: Dustin’s story

  • Charges dismissed before trial: In other matters, careful early work and full-person storytelling helped judges and prosecutors see the deeper truth, leading to dismissals or significant charge reductions.
    See recent client stories: Hank’s story, Larry’s story, Carrie & Michael’s story

(Names used with permission or changed when appropriate.)

If you are a loved one or supporter

You can help. Encourage your person to:

  • Avoid public comments and social media posts.

  • Seek counseling or treatment if substance use, trauma, or mental health is part of the picture.

  • Document work, family responsibilities, and community contributions.

  • Keep every court date and follow release conditions exactly.

We will do the legal heavy lifting. Your steady support matters more than you think.

If you are an attorney who does not take these cases

Your client deserves a team that will. We regularly partner with civil, business, and criminal defense lawyers who prefer not to handle criminal sexual conduct matters. We are happy to consult early, protect privilege, and carry the case with care for your client and your relationship.

Thinking about hiring counsel?

Bring your questions. We will be transparent about options, risks, and cost. We will listen first, without judgment. Then we will build a plan.

Contact us to schedule a confidential consult. Your story deserves to be seen in full, not reduced to a single allegation.