Sexual assault is a serious felony in Denver. If you are charged with sex assault, only a lawyer who is well versed in state criminal law and familiar with the court system can make sure your rights are protected. Because sexual assault is often the defendant’s word against the accuser’s, you need a skilled criminal defense lawyer to help you fight those charges. Keep reading to learn more about sex assault defenses, including complete innocence, legal innocence, and mental incapacity.
The strongest defense against a charge of sex assault is complete innocence. As your lawyers will explain, actual innocence means you did not commit any sex crimes against the individual who claims you did. If your criminal defense attorney argues that you are innocent of sex assault, he or she will need to offer evidence in favor of your story. For example, your lawyers may argue that you could not have committed the crime because you were out of the state or having dinner with a friend. If that is the case, you and your attorney will provide evidence like flight or restaurant receipts.
Your criminal defense attorney can also argue that you did perform the act in question but did not commit a crime because your accuser consented. Remember, no sex assault can occur if two parties consent to a sexual act. Showing consent can be difficult, as each party is arguing against the other. Because only the two individuals were likely present, this can be a tricky defense. Still, certain factors tend to prove consent, such as a pre-existing relationship.
If you have a friend or loved one who is charged with sex assault but suffers from a mental incapacity, an attorney can present an insanity defense. While the rule is different for different states, an offender will generally not be punished as harshly if his or her criminal defense attorney can prove that he or she did not understand that a crime was being committed. For a defendant to be guilty, he or she must know that a crime is being committed.