Charges of sexual assault may be life-altering for those who are facing them. When a person is facing a sexual assault charge, certain defenses may be available, however. It is important for people to understand the defenses that may be raised in the face of such allegations.
One of the most common defenses to a sex assault charge is when the accused has an alibi. In such cases, the person presents evidence that they could not possibly have committed the crime as they were somewhere else at the time. Another available defense is that of identification problems. In this defense, the defendant presents evidence that the identification of them by the victim was faulty. If they can show this with DNA evidence, the defense may especially be effective.
In other cases, a person may admit that they engaged in the sexual behavior, but they may argue that the alleged victim consented to the encounter. Consent may be difficult to prove, often requiring the defendant to produce other evidence, such as the alleged victim’s sexual history and behavior. Finally, some defendants may have a defense to the charges available if they were insane or mentally incompetent at the time of the sexual incident.
A person who is facing a sexual assault charge may want to consult with a criminal defense attorney as quickly as possible in order to identify the most appropriate defenses to assert in the case. Since a sexual assault conviction may result in long imprisonment terms and a lifetime requirement of sexual offender registration, it is normally important to aggressively defend against the allegations. In some cases, it may be appropriate to seek an arrangement with the prosecutor that would involve the plea of guilty to a lesser offense.