A prosecution for an alleged sexual assault can ruin a person’s life and reputation. A sexual assault charge can land a defendant in jail or prison and can ruin one’s public reputation forever. The label of sex offender can follow an individual even after they have served their time or been absolved.
Though most cases of sexual assault that are reported are found to be true, there are still situations where individuals are wrongly and falsely accused. If an individual is adamant that sexual assault allegations are false, recourse may be available.
Defending against a sex crime cases requires a skilled and experienced attorney. These cases are challenging, complicated, and require great skill and expertise. Below, we’ll go over the legal defense strategies used in sexual assault cases.
If you’ve been wrongfully accused of sexual assault, read on. You’ll want to know the following information.
What Constitutes Sexual Assault?
Legal language that pertains to sexual assault varies state by state. Sexual assault is defined as unlawful sexual conduct that takes place without the victim’s consent.
This assault can involve some sort of force or threat but does not have to. Sexual assault can also occur when an attacker tricks a victim or performs a sexual act when a victim is too incapacitated to resist.
This lack of consent is the most important aspect of defining a sexual crime as assault.
Sexual assault can happen between any two people regardless of relationship. Sexual assault charges can arise between a husband and wife, or between members of the same gender. It can occur between children, and between friends and co-workers.
Consent can not be assumed even if a victim knew or even was in an active relationship with an individual in the past. In fact, in eight out of ten sexual assault cases, the victim is found to have previously known their attacker. This is important to understand when looking at these cases.
‘Forcible sexual assault’ is the term used for sexual acts taken without consent. A statutory assault case, on the other hand, deals with minors who are too young to legally give consent. Both cases are equally serious in the eyes of the law.
Common Sexual Assault Defenses
Defendants who are not guilty of sex crimes have the right to mount a vigorous defense. They can provide evidence that that can exonerate them in the eyes of the law.
The standard of proof for proving a criminal sexual assault case is much higher than in any kind of civil case. A civil case must find a preponderance of the evidence standard (51%), while a sexual assault case must prove the crime beyond a reasonable doubt.
Prosecutors have a tough battle on their hands when charging a defendant for sexual assault. Because the evidence consists solely of the word of the victim and perhaps some corroborating physical proof, it can be tough to reach the level of evidence needed.
Physical evidence, such as abrasions of the vagina, can be explained away as the result of rough, consensual sex. This leaves the prosecutor without an ironclad case against the defendant.
Most cases of sexual assault will come down to identifying consent or lack of it, and provide evidence that consent was or was not given. Some of the common defense strategies employed in cases of sexual assault include:
Establish A Relationship Between Accuser and Defender
If the defense can establish a relationship between the accuser and the defender, there is more reason for the court to believe that the sexual acts in question were consensual.
Evidence to support this relationship can include text messages, email correspondences and other forms of tangible connection between the two parties that indicate that sexual activity was expected and encouraged.
Question The Credibility of The Accuser
In some sex crime cases, the accuser’s motives or credibility are very important to the strength of the state’s case.
If the accuser has a history of making accusations against the defendant or others, it can call that person’s reliability as a witness into question. The previous psychological history of the accuser can be vital in convincing a prosecutor not to charge, or to drop the case or offer a plea agreement.
Correspondence from the accuser to anyone, not just the defendant, can be important evidence in a sexual assault case. Texts, social media posts, emails, phone calls, and recorded statements all may be used to examine the credibility of the accuser as an individual.
If a reason can be found to doubt the trustworthiness of the accuser, the case is likely to be dropped.
Question The Motives of the Accuser
The motives of the accuser are also worth looking into. If the accuser has something to gain by bringing a criminal charge against the defendant, this motive should be questioned and can be used to weaken the case.
Common ulterior motives are revenge or attempts to get money or attention. If the motives of the accuser have a tangible reason for being doubted, it can bring the whole credibility of a case into question.
Use A Polygraph Test
A polygraph, also known as a lie detector test, is frequently used in sex crime cases. Though not admissible, it is still a tool used by law enforcement to obtain probable cause and illicit incriminating statements. The defendant should attempt to obtain their own private and impartial examiner.
This examiner can produce a more fair examination, and produce results that might convince the court that the allegations are not true.
Knowing Your Legal Defense Strategies
An individual wrongly accused of sexual assault can see their entire life be turned upside down. If you’ve been falsely accused of a sex crime, it is essential that you know and understand the legal defense strategies used in such a case.
With a trained and experienced lawyer at your side, it is possible to prove your innocence in a court of law. If you need representation, call us anytime to set up a free consultation. We’re here for you.
