Charged With Sexual Assault? See If One Of These Defenses Can Help

Being charged with sexual assault can be extremely terrifying, especially when you didn't do what the prosecution claims. Even when you might have performed certain actions, that doesn't mean the other party didn't consent. Regardless of what the situation might be, you need to know that there are options available to you to defend against the allegations. If you are facing sexual assault charges, see if one of the following defenses might work for your specific situation.

Innocence

One of the main defenses to a sexual assault charge is innocence. You can argue that you didn't actually commit the crime in question. Maybe you were somewhere else at the time of the incident. If that is the case, you couldn't be the one to blame. However, you will need to have evidence that substantiates your alibi and proves that you are telling the truth. By establishing that you weren't in the same place as the victim when the incident occurred, you can clear your name and get the charges dropped.

Beyond proving that you weren't in the same place as the other party, you can also claim that you didn't commit the crime in question. It is up to the prosecutor to prove whether or not you actually did what you are being charged with. If they can't prove their case, you will be acquitted of the crime.

Consent

Oftentimes, defendants being charged with sexual assault will claim that the other party consented to the act. One of the main components of being charged with sexual assault is that the other person wasn't a willing participant. Proving that the other party was a willing participant serves as a valid defense against the charges. It isn't always that easy to prove they wanted to participate in the act. Your best option is to show that they have a history of sexual activity.

Mentally Incapacitated

Another defense is one of mental incapacitation. Individuals who aren't mentally competent, cannot be held liable for what they did. Since every state has its own definition of insanity, you would need to go over this with a trained attorney. By showing that you didn't know what you were doing, the court will go easier on you in terms of charges.

Your best line of defense is to speak with a professional criminal defense lawyer about your situation and what caused the incident to occur. They can go over everything with you and determine how to best handle your case.


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