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How do I defend myself against a sexual assault charge?

On Behalf of | Dec 23, 2021 | Criminal Defense

Let’s be clear about this, sexual assault is a serious offense: one that can result in years of incarceration if you are convicted. As such, if you are accused of committing a sexual assault, it is in your best interest that you figure out how to defend yourself.

One of the most common mistakes people make when facing a potential sexual assault charge is sitting back and do nothing hoping the accusation will simply go away. This is especially true if the said accusation is false. 

Here are the possible defense options you can explore if you have been accused of sexual assault. 

You are innocent

One of the most basic defenses you can claim when accused of sexual assault is innocence. This is especially applicable if it is a case of mistaken identity.

If you were not even present at the scene of the crime when the alleged offense took place, you may provide an alibi to corroborate your story. You may also provide other evidence like CCTV footage and GPS to support your case. The same applies if your accuser is an estranged spouse or ex who is trying to gain an upper hand in a divorce case.

The encounter was consensual

For an act to qualify as a sexual assault, the encounter must be deemed to have happened against the will of the accuser. Thus, if you had a sexual contact that you believe was approved by your accuser, then you may argue consent during your defense. However, proving consent can be a challenge especially because most sexual contacts happen in private.

As such, you may bring to light your past sexual engagements with your accuser in an attempt to prove consent. However, you cannot argue consent if your accuser is a minor, mentally ill or was intoxicated at the time of the encounter in question.

A sexual assault conviction can turn your life upside down. If you have been accused of this crime, it is important that you gather your evidence and begin exploring your defense options as soon as possible.