Defenses to Allegations of Sexual Assault in Wisconsin

Sexual assault and other sex crimes occupy a unique place in our legal system and the public eye. If you are convicted of sexual assault or related offenses, you could face significant consequences, including a lengthy prison sentence and a requirement to register as a sex offender for the rest of your life. 



Fortunately, in many cases, there are defenses available that can help people accused of sexual assault avoid the most severe consequences associated with their charges. In fact, in some cases, these defenses can even result in the charges against you being dropped or an acquittal at trial. Some of the more common sexual assault defenses are discussed below. For more information or to discuss the specifics of your case with an Eau Claire criminal defense attorney, call our office today.

Evidence of Innocence

Perhaps the most commonly raised defense in sexual assault cases is that you did not do what you were accused of doing. For example, you could raise an alibi defense, which involves introducing evidence that indicates that you were in a different place at the time that the alleged events took place. Your attorney might also call into question false identifications by accusers or witnesses. 

Creating Reasonable Doubt about the Truthfulness of the Allegations

Closely related to claiming innocence is creating doubt about the allegations against you. In our criminal justice system, a jury needs to believe that a person is guilty of all elements of a crime beyond a reasonable doubt, so creating sufficient doubt can often result in an acquittal at trial.



In sexual assault cases, it is often an accuser’s word against the defendant’s, which means that establishing doubt typically involves attacking the credibility of the factual allegations made by the accuser. Doing so often involves suggesting alternative motivations for the allegations, highlighting discrepancies in the account of the events in question, or establishing that the accuser does not possess information that he or she should if the accuser’s account is true.

Procedural Defenses

In some cases, you may be able to raise procedural defenses that could result in your case being dismissed or severely weakening the prosecution’s case against you. For example, if the case was filed after the statute of limitations that applies to your charges has passed, you may be able to successfully move for a dismissal. Likewise, if the police gathered evidence against you in violation of your 4th Amendment rights, you may be able to suppress that evidence, meaning that the prosecution cannot use it against you at trial.

If you have been accused of sexual assault or any other crime, you should discuss your options with an attorney as soon as you can. At Cohen Law Offices, our experienced lawyers are committed to helping people accused of crimes resolve their cases as favorably as possible. To schedule your free consultation with a defense lawyer in Eau Claire, call our office today at (715) 514-5051.