Sexual assault Defenses

Sexual assault charges are one of the most serious, devastating things that can happen to a person. The mere accusation of sexual assault can leave you with a negative stigma that is hard to overcome. So learning about the best to defense to sexual assault charges in your case is critical. A conviction for sexual assault comes with serious consequences, including a lengthy prison sentence, heavy fines, supervision upon release from custody, separation from family and, in certain cases, mandatory sex-offender registration.

The basic defense for sex assault case is a claim of actual innocence. A defendant may argue that they could not have committed the crime because they were in a different location at the time the alleged crime took place, which is known as presenting an "alibi". In order to mount an effective defense based on an alibi, the defendant must support the alibi with credible evidence that establishes that they were not with the victim at the time the crime took place.

If you are facing sexual assault charges, cooperating with the police will not make things easier for you. The best thing you can do is inform the police that you want to speak with a lawyer, and tell the police that you are asserting your right to remain silent.

If the police try to question you, politely but firmly tell them that you are exercising your constitutional right to remain silent, and explain that you will not answer any questions until you have a lawyer present. It is better to remain silent rather than inadvertently say something that could later be used to incriminate you during a trial for sexual assault charges.

Consent is one of the most powerful defenses to an allegation of sexual assault. In many cases, there are no witnesses and no injuries such as black eyes, bruises, scrapes, or cuts. Heavy alcohol consumption is often a factor. In a case like this, where the alleged victim had lowered inhibitions, the alleged victim may have had second thoughts about consensual sex and the next day claim to have been a victim of sexual assault when, in fact, the sex was consensual.

Defendants in a sexual assault case can also claim that they had a mental disease or defect at the time of the crime that should remove criminal liability for their actions. Different states apply different forms of the insanity defense, but most states will treat an offender more leniently upon a showing that their mental disease or defect prevented them from understanding the criminal nature of their actions.

Being accused of sexual assault can be a stressful situation issue to handle. Not only is your reputation on the line, but also your criminal record and possibly your freedom. You likely have questions about sexual assault defenses, and will also want to know more about mandatory sex registration, should you be convicted. Luckily, you can contact a local sex crimes attorney who can answer your questions and help craft the best defense.