There are a few different defenses that you can use to challenge an accusation of sexual assault. In this blog, we explain each of these defenses.
The most basic defense against sexual assault accusations is claiming you are innocent. You can use an alibi to show that you could not have committed the crime because you were not at the location at the time the alleged assault took place. In order for your defense to be effective, you must be able to support your alibi with credible evidence that establishes you were not in the presence of the victim when the crime occurred.
Let’s say you are accused of sexual assault in Akron, if you can produce evidence that shows you were in another city on the day the alleged incident occurred, you might be able to have the charges against you dropped. Evidence such as hotel receipts, plane tickets, credit card bills and witness corroborations can be used to establish your innocence.
You can also claim that the victim has misidentified you as the assailant. Similar to an alibi, you will need to present evidence to support your claim. DNA evidence can help you accurately and reliably establish that you were not at the crime scene.
The prosecution will need to prove that you are guilty beyond a reasonable doubt. If you can raise doubts in their arguments, the jury might acquit you.
Sometimes you might have to admit to the incident in question, but argue that the other person’s consent doesn’t merit sexual assault charges. One significant aspect of sexual assault is that the sexual behavior has to have occured against the will of the victim. If you can demonstrate that your accuser consented to the sexual contact, it will boost your defense against the sexual assault allegations.
However, proving consent is difficult and can even be controversial. In fact, the consent strategy can back fire on you because it might require you to raise questions about your accuser’s sexual history, which might not go over well with a jury. What constitutes a person’s level of awareness will also vary from state to state.
Insanity or Mental Incapacity
You can claim that you had a mental disease or defect at the time of the alleged crime which might remove criminal liability for your actions. Most states will treat you more leniently if you can show that your mental disease or defect prevented you from understanding the criminal nature of your actions.
Have you been accused of sexual assault? Contact our Akron team of sex crimes attorneys to schedule a free consultation today. We are available 24 hours, 7 days a week.