If you have been charged with sexual assault near Denver, it’s important that you hire an experienced criminal defense attorney as soon as possible. Your defense attorney will have the skills and experience necessary to navigate the complicated laws and defenses related to sex crimes and sexual assault. Here are some of the ways that your criminal lawyer will build your defense against sexual assault charges.
Plead Innocent of All Sexual Assault Charges
The most common defense against sexual assault charges is that the defendant is innocent of all felony charges. If you plead innocent, your lawyer will need to know what your alibi was at the time that the sex crime was committed. In order for your lawyer to build a credible defense against sex assault using your alibi, he must be able to prove to the jury conclusively that you were not with the victim when the sex crime occurred. Your defense lawyer can also argue that the victim has misidentified you as the perpetrator of the felony.
Argue the Victim’s Consent to Sexual Activity
If your criminal defense attorney is unable to prove that you were not with the victim at the time of the sex assault, he can claim that you and the victim had consensual sex. If you or your lawyer can prove that the victim consented to the sexual act, you may be found innocent of sexual assault. Consent may be difficult to prove, particularly if the victim of the sex assault was intoxicated or incapacitated, mentally incompetent, or underage.
Claim Diminished Mental Capacity or Insanity
In very rare cases, a criminal defense attorney may claim that his client was of diminished mental capacity, or mentally insane, when the sex crime was committed. This means that your attorney must prove that you were not responsible for your actions according to very strict requirements set out by criminal law or argued in prior criminal cases involving sexual assault or sex crimes. You may still be found guilty of sexual assault, but your punishment may be less severe.