Facing a charge of sexual assault can be intimidating and frightening. But it helps to know that there are many defences against a charge of sexual assault. Let us understand a few defences available for defendants in sexual assault charges.
One of the basic defence your sexual assault lawyer will claim is innocence. You can argue that you did not commit the crime as you were in a different location when the incident happened. This is known as presenting an Alibi. In order to support the alibi, you should have credible evidence that you were actually not with the victim when the alleged crime happened.
Another way to prove innocence is to claim that the victim has mistakenly identified you as the assailant. But you have to produce enough evidence to support the claim.
Sometimes your lawyer can argue that the victim has consented to the act. One of the basic elements to file an assault charge is that the sexual act should be against the will of the victim. So, if you can prove that the victim consented to the behaviour, it negates the charges of sexual assault. However, it is difficult to prove consent in the court. Hence this is a difficult defence, which needs the guidance of an experienced sexual assault lawyer.
Insanity or Incapacity
Insanity or mental incapacity at the time of committing the crime will get you a lenient punishment. Your lawyer will claim that you had a mental issue at the time of committing the sexual assault, which made you incapable of realizing the criminal nature of the act. Different countries have different forms of Insanity defence, your assault lawyer can mount an effective defence as they have understanding of the laws of different countries.
Being accused in a sexual assault can be stressful and lead to many social and emotional issues. Consulting a sexual assault lawyer will help you to put up a strong defence and protect your reputation and freedom. However, it is advisable to choose a criminal lawyer with experience and good reputation to ensure that your defence is well mounted. An experienced lawyer has good understanding about the available defences for sexual assault and can protect your rights.