Fighting For Important Causes In State And Federal Courts
University students can face serious consequences as a result of sexual assault accusations. Without the right legal representation, a passive reaction to a sexual assault accusation can bring about a family’s worst nightmare. The penalties if convicted of sexual assault include a long prison sentence, thousands of dollars in fines, and lifelong employment and housing restrictions. Universities typically initiate parallel disciplinary proceedings subject to the penalty of being expelled. Imagine losing everything your son or daughter has worked hard to achieve due to a sexual encounter gone wrong.
If you or a student you love was charged with sexual assault, you need aggressive and experienced attorney Andrew Shubin. Our well-established student misconduct and criminal law practice is known for handling some of the most complicated cases of campus sexual assault or misconduct. Call (814) 826-3586 to schedule a free consultation today.
Hiring a Sexual Assault Defense Lawyer in Penn State Happy Valley
Most students and parents tend to trust university officials and will comply with their requirements. Sometimes it’s late in the process by the time students realize that university officials had pre-conceived notions and were not going to give them a chance at fairness and justice.
By law, university officials don’t have a duty to exhibit fairness and impartiality when a student is accused of any crime. However, their powers are not limitless, and a skilled attorney can protect a student’s due process rights. Students accused of sexual assault can face serious bias and violations of their constitutional rights. Without producing evidence of guilt or giving the defendant an opportunity to review the evidence obtained by the university, a student can face eviction from campus housing, suspension from campus and athletic programs, or they can even be expelled.
University proceedings lack some of the most important guarantees defendants generally receive in a court of law, such as:
- Presumption of innocence
- Access to evidence against you
- Opportunity to cross-examine opposing witnesses
- An impartial jury or public hearing
- The right to confront your accuser
- The right to legal counsel
Furthermore, universities tend to react defensively to sexual assault accusations by protecting the academic institution from a lawsuit by the victim or an investigation by the U.S. Department of Education, as required under Title IX of the Education Amendment of 1972. It may seem like everyone is guarding their own interests and your child is treated as a criminal due to a mere accusation.
You can avoid the irreparable damage to your future due to a sexual assault accusation when you have a skilled attorney defending your rights. According to Candice Jackson, a top civil rights official at the U.S. Department of Education, 90% of sexual assault accusations in college campuses end up falling in a suspicious category of “we were both drunk” or “we broke up and I found myself under a Title IX investigation.” You have a right to prove your innocence. As seasoned student misconduct attorneys, we work with investigators and professionals who will help us support your side of the story.
What to Do If You Were Accused of Sexual Assault in Pennsylvania
University campuses tend to have surveillance cameras, and there are multiple sources of evidence we can uncover. Presenting your side of the story is your fundamental right of due process, which you must assert and protect. Our defense team will work relentlessly to protect your rights. Keep in mind that there is a lot at stake. You should:
- Avoid talking to the police
- Keep your distance and avoid communicating with the accuser
- Have your attorney present when you communicate with university disciplinary officials or college administrators
Every hearing can have an impact on the outcome of your case. Misconduct proceedings in universities are rarely fair in spite of claims that there are policies and procedures to that end. Most hearings become part of the record against you. Our experience in building credibility during hearings can make a significant difference in the outcome of your case.
Call Penn State Sexual Assault and University Misconduct Lawyer Andrew Shubin
A criminal conviction for a sexual offense can turn into a serious hurdle throughout a student’s life. You can face a prison sentence of over ten years and costly fines. Also, most states impose the permanent or lengthy penalty of having to register as a sex offender. There is an automatic disqualification for certain types of jobs for a person accused of sexual assault. This incident will appear in criminal background checks, and a description and explanation will be required in any licensure or professional applications.
The prosecutor must prove all elements of the crime beyond a reasonable doubt. Sexual assault is generally defined as having sexual contact without the alleged victim’s consent. Every state has different definitions and legal standards constituting consent. However, our attorneys have a solid track record of proving defenses and will put forth a strong front to disprove the allegations and show your innocence.
Don’t let the biases and misconceptions of a sexual assault accusation overwhelm you and lead to expulsion or to accept unfair suspensions and pleas. With solid legal representation on both the academic and criminal ends, our attorneys will not stand for abuses against your rights. The team of Shubin Law attorneys will fight for you at all levels to avoid damage to your professional future. Contact the Law Office of Andrew Shubin today at (814) 826-3586 to discuss the details of your case and get the justice you deserve.