If you have been accused of a sex crime, you may feel hopeless and unsure of where to turn. An experienced sexual assault lawyer can help you navigate the legal system and protect your rights. Your attorney can also investigate the facts of your case and work with you to develop the best possible defense strategies. Although each circumstance is unique, there are several defenses that may be used in sex crime cases.
Innocence
The most common defense in many criminal cases is the accused
maintaining their innocence. However, even
if you are innocent, it doesn’t necessarily mean that you will be exonerated.
Although as a defendant in a criminal case you are not required to prove anything,
convincing a judge or jury of your innocence can be challenging in a sexual
assault case. Some important elements that can strengthen your defense include:
●
A strong alibi that can be corroborated
●
Evidence that shows the allegations are false, such as text messages or
witness testimony
● Physical evidence
These are just a few elements that may strengthen your case. Your sex crimes attorney will talk with you about any and all specific
evidence that may prove your innocence in your case.
Consent
Unfortunately, sexual assault allegations often happen after an
encounter that the accused believed was consensual. In some cases, the alleged
victim may have given consent for a sexual activity at the outset, but later
claim that he/she revoked it. In this type of situation, your defense attorney can help you challenge these false
accusations.
Demonstrating an Accuser’s Motivation for
Making a False Claim
If your sexual abuse lawyer can present evidence that your accuser made
false accusations and has motive to seek revenge against you for something
unrelated, this can be a compelling defense. In some cases, an accuser may have
made claims against others that were proven to be unsubstantiated. When
combined with other evidence, this defense can be effective at establishing
reasonable doubt.
