Wrongfully Accused of Sexual Imposition: Legal Options

If you’ve been accused of sexual imposition, or forcing sex on an unwilling party- even if that party was your spouse- the absolute first thing you should consider is obtaining a criminal lawyer. The proceedings in a sexual imposition case, or any other sexual assault case for that matter, can immediately darken an individual’s reputation based on the stigma of the charge alone. This fact alone should convince you to seek legal counsel immediately to address the charge proactively. Attorney fees in cases such as this can grow extremely costly, mainly because establishing proof of innocence is much more difficult to obtain, but the cost is well worth it if your lawyer has the charges against you dismissed.

Legal Options

You generally have two legal options when wrongfully accused of sexual imposition:

• Plead to a lesser offense- but you may still face jail time or a permanent record
• Prove you are not guilty, usually by proving consent.
  

Proof of Consent

If you did indeed engage in sexually related activity with the alleged victim, your defense may be formed on the standing that consent was given for the activity itself. However, before you take this stance you need to be aware of what the term consent means in the courts eyes involving sexual assault or rape charges. The consent argument is always regarded as the most diluted of all arguments involving these types of assault cases because of three determining factors:

• The involvement of alcohol on the part of either the defendant or the alleged victim, or both parties. If the alleged victim was under the influence, in some cases even slightly, that person can then be deemed unable to give proper consent. This decision by the court is typically made due to the evidence that alcohol influences the decision making process. Even if the other party enthusiastically participated, your consent defense can be rendered meaningless because it can be deemed they were unable to give conscious consent.
• If you engage in sexual activity with a person with either a physical or mental disability, this circumstance makes it extremely easy for the court to argue the fact that they either could not fight off your advances due to their physical handicap, or they were unable to grant conscious consent because of the mental disability they have.
• If the alleged victim is able to prove they were drugged using any form of sleep aid, tranquilizer, or any other medication that can be referred to as a “date rape drug”, your defense lawyer will find it almost impossible to have you freed of the charges against you, as this method is the most common factor in recent date rape cases.

Getting Help

If you are accused of sexual imposition, to explore your legal options, you should consult with an experienced criminal attorney. Your lawyer can help you to take any and all steps necessary to get the charges dropped or to prove your innocence in the matter.