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Defense strategies in sexual assault cases

by | Sep 11, 2016 | Criminal Defense |

Defense attorneys use different strategies when trying to defend their clients against sexual assault charges. In most cases, they argue that their client is innocent of the allegations. There are three major defense strategies against sexual assault charges.

Attorneys try to provide an alibi and present concrete evidence that their client could not have committed the crime. The defense may also create reasonable doubt by questioning the investigation process. Providing concrete evidence puts the onus on the prosecution to prove that the defendant was present at the scene of the crime. If the prosecution fails to establish guilt beyond a reasonable doubt, there is a high chance of acquittal.

In sexual assault cases, defendants may also use insanity or mental incapacity as a defense. The defense attorney claims that the defendant was mentally incapacitated at the time of the incident. This could be due to trauma or severe mental illness. The defendant might be treated leniently if an insanity defense is established.

Consent is one of the major arguments in sexual assault cases. Defendants may use this as a defense strategy as well. The defendant admits to sexual behavior but claims that the victim consented to the sexual acts. Proving consent can be complicated and difficult, and sometimes there is no direct evidence. The defense attorney might have to dig into the victim’s past and look for a pattern of sexual behavior. If the defendant can prove that the incident occurred with consent of the victim, there is a chance of acquittal.

If you have been accused of sexual assault, there could be serious ramifications. You should consider hiring an experienced defense attorney. The attorney will devise a suitable defense strategy and try to get you acquitted.