Being accused of sexual assault can be life-changing. Not only do sexual assault cases carry hefty penalties, but the nature of the charges can do significant damage to your reputation. There are a number of different defenses your sexual assault attorney near Denver can use to fight for your case. Be sure to work closely with your sexual assault attorney to determine which potential defense is the right strategy for you.
In all criminal cases, including sexual assaults, innocence is the most basic defense. There are a few different arguments your criminal lawyer can make when arguing you are innocent. He or she can prove that you could not have committed the crime because you have evidence that you were in a different location. Your lawyer can also suggest that the victim has identified you in error. When you are using innocence as your defense, it can be helpful if there is DNA evidence proving that there is another perpetrator.
Another strategy your sexual assault lawyer can use to defend you is to argue that the victim gave consent. With this defense, you are admitting to sexual contact with the victim and indicating that it was a consensual encounter. Consent defenses can be both convincing and challenging. It can be difficult to definitively prove consent, so it may be necessary for your lawyer to use the victim’s behavior to suggest that consent occurred. Depending on how this argument is presented, it can backfire with the jury. That is one reason why having an attorney who is experienced in sexual assault cases is so important. Note that the consent defense is not possible if the victim is a minor.
In some cases, defendants can argue that some form of mental incapacity played a role in the event. This can include mental illness or another kind of mental defect. With this defense, your lawyer will argue that you are not responsible for your actions because of the mental incapacity.