You have to consider all defense possibilities if you are facing a sexual assault charge. These charges are very serious charges that often have very intimate details. That can make it difficult to separate your emotions from the case, but doing so is crucial if you plan on presenting any sort of defense.
There are some sexual assault cases that involve two people who know each other. These cases are often the more difficult cases to determine a suitable defense. Date rape claims, for example, would fall into this category. These cases often become cases in which one side’s word is pitted against the other side’s word. That increases the need to have a strong defense.
You have several defense options to consider. Not all of these options will apply to every case, so carefully consider how each option pertains to your case.
In some cases, you might base your defense on showing that there was consent when the sexual contact occurred. This can be difficult to prove, but it isn’t impossible. If you can prove that you had the alleged victim’s consent without making it seem like you are attacking the victim in court, you might be able to use this defense strategy.
It is also possible to base your defense on outright innocence. This might the case if you have an alibi or have solid evidence like DNA proof that you weren’t the person who assaulted the victim.
You might have to pull more than one defense point together to create a customized defense strategy. You should ensure the prosecution’s entire case is addressed by your defense strategy.
Source: FindLaw, “Sexual Assault Defenses,” accessed June 21, 2016