![]() The vast majority of states have a strict liability standard. In other words, if the defendant argues that they honestly believed that a minor victim was past the age of consent, different state laws hold that claim to different standards. States differ on the level of awareness that a defendant must have concerning the victim's inability to consent. When the victim is a minor, incapacitated, or mentally challenged and incapable of understanding the sexual nature of the behavior, it is impossible for the victim to consent to the activity. In certain cases, consent is legally impossible. Today, this tactic is not allowed by most judges and has fallen out of favor within the courts. This could sometimes backfire with a jury and cast the defendant in a negative light. In the past, the defense would try to use the victim's past sexual history as a way to suggest the victim gave consent for the sexual activities. Defendants often cannot provide direct evidence of consent without testifying and subjecting themselves to cross-examination. Proving consent can be both difficult and even controversial for the defendant. If the defendant, therefore, can demonstrate that the victim consented to the sexual contact, there is a solid defense to the allegations of sexual assault. One of the elements of sexual assault is that the sexual behavior must occur against the alleged victim's will. Sometimes defendants in a sexual assault case will admit to the behavior in question but still argue that the victim's consent negates the charges. If the defendant can raise a reasonable doubt as to whether he or she actually committed the crime, a jury should return an acquittal. The prosecution has the burden of proving that the defendant is guilty beyond a reasonable doubt. If available, DNA evidence can accurately and reliably establish whether a defendant was present at the crime scene. Just like with the presentation of an alibi, the defendant must provide evidence to support this claim. Typically, the evidence provided to the court would include hotel receipts, plane tickets, credit card bills and witness corroborations.ĭefendants can also claim that the victim has misidentified them as the perpetrator. ![]() This is commonly known as presenting an "alibi." In order to mount an effective defense based on an alibi, the defendant must show credible evidence proving they were not with the victim at the time the crime took place.įor example, if Adam is accused of sexual assault arising out of events in New York on March 1, he can present evidence to the court that he was actually in Los Angeles on that day. A defendant may argue that they could not have committed the crime because they were in a different location at the time the alleged crime took place. In a sexual assault case, the most basic defense is a claim of actual innocence. Other defendants might admit that they committed the criminal acts but argue that they were not responsible for their behavior because of mental incapacity. Sexual assault defendants may admit to performing the actions that form the basis of but claim that they were not criminal because the alleged victim consented to the behavior. That is no different for a sexual assault case. Defendants in any criminal prosecution will usually claim they are innocent. There are several defenses to counter a charge of sexual assault. ![]()
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