Establishing Consent in Sexual Assault Cases

In many cases, mere allegations of sexual assault are enough to result in criminal charges. Your accuser often needs no physical evidence to levy this serious charge against you. In fact, such cases tend to hinge upon one person’s word against the other’s. If you are facing sexual assault charges, you are facing serious criminal penalties. Fortunately, in many cases, one of the experienced sexual assault lawyers at Cohen Law Offices can review the facts of your case and determine whether any defenses apply.

Proof beyond a Reasonable Doubt

If you are facing a sexual assault charge, it is the prosecutor’s burden to prove your guilt beyond a reasonable doubt, which is a significant burden that requires reliable evidence. With sexual assault charges, however, there is often very little – if any – physical evidence available. As such, these cases usually revolve around circumstantial evidence alone. Typically, if the alleged victim consented to the sexual contact, it would defeat any sexual assault charges. The person who has accused you of sexual assault is subject to cross examination by your defense attorney at trial, which is typically where a lawyer can elicit evidence of consent.

Circumstantial Evidence

Building a robust defense in a sexual assault case tends to focus on a robust compilation of circumstantial evidence. Because the associated penalties and attendant social stigma of a conviction are so harsh, bringing a concise and convincing defense is imperative. Circumstantial evidence in situations in which two people’s version of events are pitted against each other often boils down to the following approaches:

• Demonstrating that the person bringing charges has one or more verifiable motives for fabricating his or her story
• Highlighting inconsistencies in the original police report 
• Highlighting inconsistencies at trial and/or in your accuser’s prior statements 
• Focusing on matters such as why the charges weren’t brought immediately after the alleged event, why there is no medical or physical evidence, why there are no witnesses, and/or any other mitigating factors

You Have the Right to Remain Silent

In sexual assault cases, a lack of physical evidence is very common, which makes the police that much more likely to vigorously pursue corroborating evidence, especially in the form of a confession. One of the many tools at their disposal is the police interview, which they’re adept at employing to their advantage. 

The important thing to remember here is that you have the right to remain silent and that you should invoke this right. You know that you are innocent of the charge levied against you, but you are in a vulnerable position, and anything you say is more likely to hurt your case rather than to help it. The police are looking for circumstantial evidence, but there is absolutely no reason for you to provide them with any. The best way to protect your rights is to retain an experienced lawyer as soon as you can,

Call Us Today to Speak with a Sexual Assault Lawyer

If you are facing sexual assault charges, call Cohen Law Offices today at (715) 514-5051.

Our experienced sexual assault defense lawyers are committed to employing the full force of their extensive experience, skill, and resources in zealous defense of your legal rights. To schedule your free consultation, please don’t hesitate to contact our office today.