Morristown, NJ criminal defense lawyer Blair R. Zwillman discusses the biggest challenges faced in New Jersey sex crime cases. He remarks that the most difficult challenge in defending a sex-related prosecution arises if the case proceeds to trial, particularly in handling the complaining witness. Often, the alleged victim is a child, a young adult, or someone who genuinely believes they were violated. The defense attorney must carefully question the witness—or their family—without creating undue sympathy in the jury’s mind beyond what is naturally afforded to someone making such an allegation.

While many of these cases are resolved before trial, those that go forward demand a highly sensitive and strategic approach. A lawyer cannot aggressively attack the case “guns blazing,” as doing so risks alienating the jury and appearing callous toward the alleged victim. Even though the defense maintains that the client is not guilty, the jury will inherently perceive the witness as a victim. It is the attorney’s role to demonstrate that, despite the witness’s status, the defendant is not the perpetrator.