Understanding the Strategy Behind the Charges—and the Defense That Fights Back
Sex crime charges in California are some of the most aggressively prosecuted and emotionally charged cases in the criminal justice system. Even before a trial begins, an accusation alone can damage reputations, careers, and families. But behind every charge is a carefully crafted prosecutorial strategy—and at Simmons & Wagner, we know exactly how to dismantle that narrative.
As former Orange County District Attorneys, we understand how these cases are built from the inside out. Now, as defense attorneys, we use that experience to expose weaknesses in the government’s case, challenge assumptions, and protect our clients from wrongful convictions or unjust penalties.
Here’s how prosecutors build sex crime cases—and how we break them down.
How Prosecutors Build a Sex Crime Case
Prosecutors rely heavily on emotional narratives, selective evidence, and public bias when pursuing sex crime charges. Here’s how they typically construct the case:
1. They Start with the Victim’s Statement
The alleged victim’s report is the cornerstone of the prosecution’s case. Prosecutors will build the timeline, context, and criminal charges around that initial report—often before any forensic evidence is available.
In many cases, the allegation itself becomes the evidence, especially when physical evidence is lacking.
2. They Gather Supporting Evidence
Investigators and prosecutors then look for corroborating evidence, including:
- Text messages, emails, or social media communications
- DNA or forensic exam results (if timely collected)
- Eyewitnesses or “outcry” witnesses (those told after the fact)
- Security footage or location data
- Statements made during interviews
This evidence is often presented selectively to reinforce the victim’s version of events.
3. They Leverage the Accused’s Own Words
Prosecutors love to use your own words against you. If you’ve spoken with investigators or made statements trying to “clear things up,” those comments may be interpreted as inconsistent, deceptive, or incriminating.
Even silence can be framed as suspicious if not handled properly.
4. They Lean Into Bias and Public Emotion
Sex crimes evoke strong emotional reactions—especially when minors or vulnerable individuals are involved. Prosecutors may rely on empathy for the victim, the seriousness of the accusation, and community pressure to push the case forward—even when the evidence is thin.
They also use pretrial conditions like bail, restraining orders, and sex offender registration as leverage to pressure plea deals.
How Simmons & Wagner Break These Cases Down
At Simmons & Wagner, we begin by treating every detail as a potential defense tool—not a foregone conclusion. Our strategy focuses on early, aggressive investigation, evidentiary scrutiny, and controlling the courtroom narrative.
1. We Challenge the Assumption of Guilt
Sex crime charges are often based on one person’s word. We challenge this from day one by:
- Investigating motive to fabricate (jealousy, divorce, custody battles, revenge)
- Uncovering inconsistencies in the accuser’s timeline or statements
- Highlighting lack of physical evidence
- Reframing communication that shows consensual or non-criminal context
We know how to make the jury—and the prosecutor—question whether the case is as clear as it first appeared.
2. We Fight for Full Access to Evidence
Prosecutors often hold back key information unless pressed. We demand access to:
- Full forensic reports (not just summaries)
- Cell phone data, including deleted messages
- Witness statements, including contradictory versions
- Medical or psychological records that may reveal bias or prior claims
We use subpoenas, pretrial motions, and our experience as former DAs to force transparency.
3. We Bring in Expert Witnesses
In complex sex crime cases, we rely on independent experts who can:
- Challenge the science of DNA or toxicology
- Explain how false memories or suggestive questioning can alter testimony
- Dispute the timeline or behavior assumptions often made by prosecutors
- Analyze phone/computer metadata for evidence tampering or context
Expert testimony helps us provide jurors with a rational, evidence-based alternative to the prosecution’s emotionally driven story.
4. We Control the Narrative in Court
Prosecutors often expect the defense to be on the defensive. We flip that script.
We take control of the courtroom by:
- Presenting a coherent, consistent version of events from the defense side
- Framing the accuser’s story as unreliable or exaggerated
- Demonstrating your character, history, and credibility
- Questioning why investigators ignored exculpatory evidence
In many cases, we can prevent charges from being filed at all through early intervention. In others, we push for reduced charges, dismissals, or trial victories.
Your Life Is Not a Prosecutor’s Narrative
Sex crime cases are complex, emotional, and often built on assumptions—not facts. The government may act as if the case is already decided. At Simmons & Wagner, we remind them—and the court—that the presumption of innocence still matters.
If you’ve been accused of a sex crime in California, you need a legal team that knows both sides of the courtroom. With decades of combined experience as prosecutors and defenders, we know how to anticipate the state’s every move—and how to dismantle it.
Contact Simmons & Wagner today for a confidential consultation. We’ll protect your rights, your reputation, and your future.