What Are Some Defense Strategies That Can Be Used In Sex Crime Cases?
There are two main defense strategies in sexual assault cases.
The first is consent. For this defense, we don’t deny that a sexual act occurred, but we argue that it was carried out in the context of an established relationship and that there is some other reason that the complainant has accused you of sexual assault. The reasons that a person may have for making up such a serious charge vary from case to case. In order to support this defense, we look at your relationship history with your accuser, whether the physical evidence (if any) is consistent with what your accuser has described, whether your accuser delayed in reporting the assault, whether your accuser has acted in any way that’s inconsistent with being the victim of a sexual assault, whether your accuser has ever made any claims like this against anyone in the past, and whether your accuser has a history of mental illness or lying.
The second defense is to claim that the assault simply did not happen. If you have an alibi, we’ll prove it through witness testimony or cell phone records. Otherwise, we’ll look the same sorts of evidence listed above to prove that the assault just didn’t occur and that your accuser is lying.
It may be that there is an alibi defense (which we would be able to prove through cellphone records or witnesses) or it may be that the claim is just simply made up. This defense involves a lot of investigation into the nature of the relationship with the accuser, as well as the relationships that the accuser has had with other people in the past. By and large, all sexual offense cases are going to resolve in one of two defenses.
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