As more emphasis is being placed on sexual assaults by the mainstream media, false accusations for these crimes has also become a concern for many people. We address your concerns in this blog and explain a few ways that you can challenge sexual assault allegations, should the need arise.
The Innocence Defense
The simplest defense against sexual assault allegations is to claim and maintain that you are innocent. Having an alibi that proves you couldn’t have possibly carried out the assault due to your location at the time of the alleged event can be one the strongest pieces of evidence in your case.
You will need to have credible evidence that supports your innocence claim. Hotel receipts, plane tickets, credit card bills, and corroborating witnesses can all be used to demonstrate to the court that you are innocent.
If you have been accused of sexual assault in Dayton, you can use the evidence above to show that you were actually in another location when the assault took place. This can possibly result with your charges being dropped.
Another strong defense is to claim that you have been misidentified by the alleged victim. Similar to using an alibi, you will need strong evidence that shows you have in fact been misidentified as the perpetrator. DNA evidence can be used to prove that you have been misidentified by the accuser.
Remember that prosecutors need to show that you are guilty beyond a reasonable doubt, if you can establish flaws in their evidence, you might be able get an acquittal.
The Consent Defense
Sometimes the alleged sexual assault was consensual, meaning it can be argued that your actions do not amount to assault. Perhaps the biggest aspect of sexual assault cases is that the actions of the accused was carried out against the victim’s wishes. Although you will have to admit to the sexual encounter, if you can prove that there was consent between you and your accuser, it will significantly strengthen your defense against their allegations.
Proving the consent of the accuser can be both difficult and controversial. Sometimes the consent strategy can make you look bad because it requires you to bring forth issues with your accuser’s sexual history and past conduct. This might not go over very well with some juries, making this particular defense strategy one that is best handled by an experienced attorney.
The Insanity or Mental Incapacity Defense
If you have a mental disease or condition that leaves you mentally incapacitated, you can claim that these things remove you of liability for your actions. Some states might go easier on you if you can prove that your mental condition prevented you from fully understanding the implications and criminal nature of your actions.
If you are facing sexual assault allegations, you should immediately speak with our team of sex crimes lawyers to discuss your case. We are available to help with your legal needs 24 hours, 7 days a week.