Sexual assault charges bring fear into the heart of almost anyone who is facing them. Even if you think that the evidence against you is so great that you will definitely be convicted, you should take the time to explore defense options to see if there are any that you are interested in pursuing for your defense. In some cases, this could be raising issues that might be able to get you a plea deal.
One of the possible defense options that you have for sexual assault revolves around consent. In order for an action to be considered sexual assault, the alleged victim can’t have consented to the contact.
If you can show that you had consent for the sexual encounter, you can use that for your defense. This is a defense option that isn’t always possible because there isn’t always a way to prove that the other person consented to the contact.
Another possible defense option is to show that you weren’t even there when the incident occurred. In this case, you would need an alibi to prove where you were at the time the victim was sexually assaulted. For example, if you were at work, your time sheets could show this. If you weren’t in the same city, travel records could show this.
You should carefully explore the options that you have for your defense with your defense attorney. As you consider each one, think about how the jury might perceive the points you plan to raise. This can help you to think about how each particular defense strategy might help or harm you.
Source: FindLaw, “Sexual Assault Defenses,” accessed Jan. 24, 2017