Cases involving sexual assault charges can be incredibly complex, and accusers cannot retract their hasty accusations. This means that anyone facing sexual assault charges should meet with a sexual assault attorney near Denver. You can find out more about fighting these types of charges by reading below.
The most basic defense to a sexual assault charge is actual innocence. With the help of a sexual assault attorney, the defendant can argue he or she was in a different place when the crime took occurred. This type of defense requires incredible evidence establishing that the defendant wasn’t at the location when the crime took place. Defendants can also assert innocence by claiming that the victim misidentified him or her as the perpetrator. Similar to asserting an alibi, the defendant must bring evidence to support this claim.
In some sexual assault cases, the defendant admits to the behavior in question, but argues that the victim consented to the contact. In order to secure a guilty verdict for a sexual assault charge, the prosecutor must establish that the sexual behavior occurred against the victim’s will. Thus, if the defendant’s sexual assault attorney can show that the victim consented to the contact, this will provide a solid defense against the allegations.
In some cases, a sexual assault lawyer can prove that the defendant had a mental disease or defect at the time of the crime which would remove criminal liability for the act. Each state has its own form of defense for mental incapacity, so it’s important to discuss the charge with a local defense lawyer. Most states treat an offender more leniently if he or she can show that his or her mental incapacity prevented him or her from understanding the criminal nature of the action.