Sexual assault cases require a defense that is customized to answer or call into question the basic points that the prosecution intends to make about the incident. It is necessary for any defendant who is facing these charges to understand how each option might affect their defense.
Most people who are facing a sexual assault charge will opt to use a claim of innocence as their defense strategy. In this case, an alibi or other evidence will need to be presented to prove that the defendant is innocent. This evidence can be something as simple as something that refutes a key component of the prosecution’s case. Claims of mistaken identity could also be used in an defense that is based on total innocence.
Other defense strategies can include claims of innocence based on the fact that the alleged victim consented to the encounter. The suitability of this defense strategy depends largely on the facts present in the case. You have to consider a few questions prior to implementing this defense strategy.
–Was the alleged victim of legal age to consent?
–Was the alleged victim under the influence of mind-altering substances?
–Were there any witnesses who would be willing to vouch for the consent?
Building a defense against sexual assault charges isn’t something that can be taken lightly. Instead, you should make sure that you fully understand the options and know which options can address the points necessary in your case. In some instances, you might need to use more than one defense strategy to fully address the prosecution’s claims against you.
Source: FindLaw, “Sexual Assault Defenses,” accessed April 27, 2016