There are many legal defenses that might be made if sexual assault allegations have already been filed. These can be used to disprove the prosecutor’s case or to show true innocence. If you are facing sex crime allegations, contact Chambers Law Firm at 714-760-4088. As you can see from our case results, we have had excellent success with many sex crimes cases.
Nonconsensual sex is involved in most sex offenses, including sexual assault and sexual battery. As a result, if the intercourse was voluntary, the defendant would not be held accountable.
However, proving that the intercourse was voluntary might be difficult. If charges are filed, the accused victim is very certain to testify that the encounter was not voluntary. As a result, a “he said, she said” situation arises. Direct proof of permission, such as a text message or voice recording, is rarely available to defendants. However, using the claimed victim’s previous sexual conduct as indirect evidence might make the defendant appear untrustworthy to the jury.
Furthermore, consent is not a defense in some sex offenses. One example is statutory rape. The claimed victim in these situations was legally unable to provide permission. Anything they said or did to consent to, or even begin, the conduct is not a defense.
Lack of evidence
The prosecutor is responsible for proving a charge of sexual assault beyond a reasonable doubt. There should not be a guilty conviction if there is insufficient evidence to meet this high standard of proof. Prosecutors in California, for example, must establish the following factors in order to get a misdemeanor conviction for sexual battery: the defendant made sexual contact with the claimed victim in a private area against their will, and the touching was done expressly for the defendant’s sexual pleasure or enjoyment, or for sexual abuse.
In criminal court, each element of the criminal offense must be proven beyond a reasonable doubt.
Defendants accused of sexual assault may be able to defeat the allegation in some situations by presenting proof of their genuine innocence. This might be in the form of an alibi proving the defendant was elsewhere at the time of the claimed attack, DNA evidence, or a witness misidentification of the defendant.
Many sex crime charges, such as sexual assault or violence, are brought on the basis of false claims. For a variety of reasons, the putative victim may make false claims, including jealousy, vengeance, gaining power on the defendant, or gaining an edge in a child custody issue are all reasons for filing a lawsuit.
A sexual assault lawsuit can be won by demonstrating that the claims are untrue or that the alleged victim has a hidden agenda.
If you are facing a sex crime charge, your next step is to contact Chambers Law Firm at 714-760-4088 for a free legal consultation.