Alexandria, VA criminal defense attorney Chris Leibig talks about the biggest challenges faced in sex crime cases. He observes that the biases and stigma surrounding sex offense allegations make every ruling in these cases more challenging. Prosecutors and judges, he notes, are often reluctant to appear lenient, which can influence even minor pre-trial decisions. Many of these cases also involve complex forensic evidence, whether related to alleged physical injuries or digital evidence, such as communications or social media activity, which can shed light on the relationship between the parties.

Another factor that complicates these matters is the severity of the potential penalties, which adds significant stress for the client and increases the stakes for strategic decision-making. He highlights the enduring impact of the sex offender registry: even when a client avoids incarceration or receives a favorable plea, registration is mandatory for life in certain cases. This creates what he describes as a form of “civil death,” making it difficult to secure employment, housing, or social acceptance, and exposing the individual to lifelong public stigma.

He stresses that this reality often drives clients to pursue trials, even in strong cases, solely to avoid the registry’s lifelong consequences. While judges and prosecutors may recognize that some individuals do not pose a danger, the law requires registration in specific circumstances, leaving little room for judicial discretion. Consequently, navigating these cases requires careful strategy, thorough understanding of the law, and clear communication with clients about the profound and lasting implications of both trial and resolution.