A jury recently found a doctor accused of domestic violence and sexual assault by his wife not guilty. However, the charges have not come without a cost. The doctor has had his medical license suspended, and he is currently involved in a divorce and child custody proceeding with his wife.
It was alleged by prosecutors that the doctor drugged her and that the two then had non-consensual sex while the woman was unconscious. The criminal defense attorneys, on the other hand, asserted that the woman made up the allegations out of fears that she would lose her children in a child custody proceeding because of her addiction to prescription drugs.
It’s unfortunately common that allegations are tossed out during the divorce process designed to place the other spouse in as bad of a light. Though it’s much rarer, sometimes there are allegations of criminal conduct that appear to be completely fabricated.
It is entirely likely in many divorces that neither spouse behaved appropriately during the course of the marriage. However, this does not mean one spouse or the other engaged in or should be charged with criminal conduct.
For whatever reason, the jury appeared to not believe the wife’s version as to what occurred. In any criminal process it is up to the prosecuting attorneys to prove what is alleged is true, and the jury seemed to feel that this burden of proof was not met.
Criminal defense attorneys have a right to poke holes in arguments by the prosecution that happen to be based on unreliable evidence or testimony. Proof beyond a reasonable doubt is the standard because it is so important that innocent people are not jailed.
Source: Valley News Live, “Jury finds Norberg not guilty on all charges,” Nov. 21, 2012
The allegations of sex crimes can destroy people’s lives. Please see our Denver’s criminal defense lawsuit for information regarding such accusations.