Minneapolis, MN criminal defense attorney Andrew Birrell discusses the biggest challenges he faces in sex crime cases. He emphasizes that one of the central challenges in sexual offense cases is addressing the natural skepticism jurors may have about the defendant’s innocence. Prosecutors typically argue that the alleged victim has no reason to fabricate the accusation, and a defense must respond in a manner consistent with the client’s innocence to avoid jeopardizing the case.

Another significant challenge is the inherently inflammatory nature of these cases. From the moment prospective jurors are introduced to the charges during jury selection, they may react strongly—leaning back, crossing their arms, or expressing visible skepticism toward the defendant—creating a presumption of guilt even before evidence is presented. He notes that while such a presumption is not legally justified, it is a practical reality, and navigating these two dynamics—the credibility of the allegations and the initial bias of jurors—is central to defending any sexual offense prosecution.