What if I am convicted of a sexual assault but the alleged victim gave consent?

Sexual assault crimes are often difficult to prove because they usually involve just two people who are present at the time. Most sexual offenses are committed by men against women. Recent psychological research has led us to learn that the crime of rape is often not about sex, but power. The offenders may have deep-seated anger or hatred against women if they were brought up by an abusive mother. Proving innocence sexual assault charges may be difficult if it’s a case of your word against the accuser.

How DNA Evidence is Used

In the early 1990’s DNA evidence became more acceptable in criminal trials. When a sexual assault occurs, women are encouraged to preserve evidence by getting medical help as soon as possible. Hospitals have special procedures for conducting what is called a “rape kit”. DNA evidence is taken from the victim in an effort to identify the attacker. This information is then entered into CODIS, which stands for Combined DNA Index System. If there is a match, this type of evidence is seen as irrefutable by most juries. However, the defense has often argued that shoddy lab practices have led to contamination, resulting in cases being thrown out.

Proving Your Innocence May Be An Uphill Battle

If your DNA evidence is found on the victim, your defense counsel can argue that you are not guilty of a crime because the alleged victim engaged in consensual sex. For this type of defense to be believable, the defendant could be helped by the following factors:

• He was acquainted with the victim and they had a prior relationship
• The alleged victim has a sordid past or is known for hanging out in bars or frat houses
• The defendant has no prior criminal record

Juries generally tend to side with the victim, so proving your innocence can be a daunting prospect. If alcohol or drugs were involved, the prosecutor could argue that the victim was unable to give consent.

Never Risk Your Future With a Public Defender

If you have been arrested and charged with a crime, the first thing you need to do is not talk to the police. Your second most important task is to hire a criminal defense attorney. Innocent people often think that hiring a lawyer will make them appear guilty. This is so far from the truth and can end up costing you your life. Attorneys know how the criminal justice system works and innocent people end up behind bars every day. Don’t risk your future with an inexperienced public defender. Find an experienced criminal defense lawyer to handle your case immediately.