Proving Innocence for a Sexual Assault Charge

In many cases, where a person is charged with any form of sexual assault, the legal proceedings alone, regardless of conviction can tarnish a person’s image irreparably. If you have been accused of one of the varying types of sexual assault and this allegation is both untrue and unwarranted, you may find yourself presumed guilty of the crime based on the stigma of the title alone. The trial you face will often seem as though, instead of remaining innocent until you’re proven guilty, it’s actually the other way around. To prove your innocence from this sexual assault charge, you will need to be able to prove 1 of 3 different things.

Identity of the Offender

If you know for a fact you did not commit the offense in question, you will need to establish a case of mistaken identity.

• You will need to be able to prove beyond the shadow of a doubt that you were not the person the victim has claimed you are.
  
• You will need to be able to provide a solid alibi for your whereabouts at the time the incident was reported to have taken place.
  
• This evidence should include reliable witness testimony, meaning your witnesses will have to be of sound judgment and strong moral character. Any blemishes in your defense witnesses’ past or testimony will be used against you in order to have their testimony either excluded or discredited, putting the burden of evidence solely on your shoulders.

Prove the Alleged Victim Gave Consent

If your argument is based on the grounds that the activity that occurred between yourself and the alleged victim was consensual, you should first understand exactly what consent means in a legal sense. When concerning sexual assault cases, consent must be the conscious decision of two people to both engage in a sexual activity. This argument is always considered the thinnest in most courts, because of the following factors:

• Involvement of alcohol. Any time alcohol is involved in any sexual assault case, the alleged victim will be considered without ability to give consent. This is based on the fact that the use of alcohol inhibits decision making. The prosecuting attorney will argue that even though the alleged victim participated willingly, he or she not able to make the decision to give consent due to the use of alcohol.
• Mental disability of the alleged victim. If the alleged victim has a mental or physical disability of any nature, the court may easily argue that the alleged victim had no ability to give consent on the account of their condition.
• Claim of Intentional Intoxication of the Alleged Victim. If it’s found that the alleged victim tested positive for any sort of drug to inhibit decision making, for example, a “date rape” drug, proving consent of the victim will become near impossible.

Getting Help

In cases of alleged sexual assault, or any other criminal charge, your absolute best defense is to seek the advice of a criminal attorney. An attorney will be able to tell you your best option for your defense, and help in making sure your rights are not infringed upon. Legal fees in these instances can become costly, however the outcome is worth the price if your attorney is able to have all of your charges dismissed.