DEFENSE OF SEXUAL ASSAULT CHARGES

In cases involving charges of sexual assault, whether the case involves a complainant that is a child or an adult, some of the theories around which a defense may be structured are similar. For example, one theory or argument may be that the defendant is actually innocent. Here, the defense hopes to present evidence in some way to the jury that the prosecution is wrong in saying that the defendant is guilty. In such a situation, defenses such as alibi, misidentification in some way may, or that the accuser is lying be at play for the defense.

A claim of innocence requires supportive corroboration. For example, with an alibi defense, showing that the defendant was in the company of others who might serve as witnesses or providing such items as a cab or restaurant receipt might help prove this defense.

Other ways of proving innocence might involve illustrating that the defendant was misidentified in some way. Here, the use of DNA may be helpful. In the case of sex crimes, DNA may be procured from the victim. If the DNA does not match that of the defendant, this may lead a jury to decide in the defendant's favor.

In some cases involving charges of sexual assault against an adult, the defense of consent is a common defense strategy. Although an individual may say that sexual assault occurred, the defendant may argue that the sexual activity was consensual. Proving consent may be complicated. Also, there are cases where the issue of whether consent was given, particularly if the victim is underage or mentally deficient or incapacitated, is not a defense.

When an individual is charged with a case involving sex crimes, consulting an attorney is helpful. The attorney may review the case and build a defense using witness statements, DNA analysis or consent. At Cohen Law Offices, we have been defending sex crime cases for over 35 years. We have the knowledge and experience to help you if needed. Call us at 715-514-5051 today.