{"id":352150,"date":"2023-12-14T11:33:53","date_gmt":"2023-12-14T16:33:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/sexual-assault-defenses.html"},"modified":"2023-12-14T11:33:53","modified_gmt":"2023-12-14T16:33:53","slug":"sexual-assault-defenses","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/sexual-assault-defenses.html","title":{"rendered":"Sexual Assault Defenses"},"content":{"rendered":"\n
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Sexual Assault Defenses<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Defenses against sexual assault charges will depend on the facts of your case. Most strategies aim to introduce enough doubt about the elements of the crime.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

A charge of\u00a0sexual assault\u00a0can be devastating for a defendant. Society has little sympathy for anyone charged with committing a\u00a0sexual offense<\/a>. Despite the legal rule “innocent until proven guilty,” most people assume that anyone accused of a sex crime is guilty as soon as the handcuffs go on.<\/p>\n

Being found guilty of a sex crime can have lifelong consequences. Criminal defense attorneys often advise their clients to plead guilty to other charges, such as simple assault or burglary, to avoid a\u00a0sexual assault charge<\/a>. But you may want to plead your case in court if you’re innocent. How can you defend yourself in a sexual assault case?<\/p>\n

This article reviews some common defenses in a sexual assault case and defense strategies for fighting a criminal sex crime charge. You should always consult with an attorney<\/a> about the best defense strategy for your particular case.<\/p>\n

Your Alibi<\/h2>\n

In any crime, the most\u00a0basic defense<\/a>\u00a0is claiming innocence. The defendant does not have to\u00a0prove\u00a0their innocence. The burden is on the prosecution to prove guilt. However, the case would not go to trial unless the prosecutor thought there was sufficient evidence of guilt, so the defendant may need to show they could not have committed the crime.<\/p>\n

The best defense in a sexual assault case is being unable to commit the crime. You can provide evidence or witnesses showing you were elsewhere during the alleged crime. This is an alibi.<\/p>\n

If the evidence is credible, the prosecution’s case is much weaker. In one incredible case, a\u00a0homicide suspect was cleared<\/a>\u00a0when TV show footage showed him in the stands at an L.A. Dodgers game when the prosecution claimed he was committing a murder 30 miles away.<\/p>\n

Alibi evidence can be critical to your case if it is reliable. Alibi evidence may include witness statements, video and audio recordings, and receipts showing your presence in locations.<\/p>\n

Misidentification<\/h2>\n

Juries and prosecutors\u00a0prize eyewitness testimony in sexual assault cases. Most people believe a victim will never forget the face of their attacker. As it turns out, this is not the case.<\/p>\n

In 1984, a\u00a0young woman was assaulted\u00a0<\/a>in her apartment. After the attack, based on her eyewitness testimony, police arrested a man named Ronald Cotton. Cotton was arrested and convicted of aggravated sexual assault and received a life sentence. In 1990,\u00a0DNA evidence<\/a>\u00a0proved that another man, Bobby Poole, had committed the crime.<\/p>\n

It turns out that eyewitness testimony and police lineups are much less reliable than law enforcement and juries believe. Criminal defense lawyers can challenge eyewitness testimony based on faulty lineups and expert testimony on the unreliability of human memory.<\/p>\n

DNA and Other Physical Evidence<\/h3>\n

Everyone is familiar with TV shows where the doughty forensic examiner announces they’ve found\u00a0trace DNA\u00a0evidence, and now they know the identity of the rapist or murderer. Juries love DNA evidence, especially when it helps put rapists in jail. It seems like an unanswerable question: How did the defendant’s DNA get on the victim unless they had sexual contact?<\/p>\n

Recent advances have made DNA testing so sensitive that technicians can extract DNA after the slightest contact or even secondary contact with a contaminated item. In\u00a0one bizarre case<\/a>, a man was charged with rape when his DNA appeared in the results of a sexual assault test kit. The man did not know the victim and was 200 miles away when the rape happened. It turned out technicians had collected his DNA for an unrelated offense and improperly sterilized other lab equipment before testing the swab.<\/p>\n

A defense attorney can use mishandled DNA and other evidence to create reasonable doubt in a sex crime case. You must inform your attorney if there were other criminal cases that could contain your DNA or account for trace evidence at the scene.<\/p>\n

Consent to the Sexual Act<\/h2>\n

One of the most common defenses in sexual assault cases is that the alleged victim consented. Consent in a sex crime has a different meaning than it does in other types of crimes or civil cases. For instance, both parties in a prostitution case have consented to the act, but it is still illegal.<\/p>\n

Each state has its own\u00a0laws on rape and consent<\/a>. In general,\u00a0consent to a sexual act<\/a>\u00a0must be voluntary, affirmative, and freely given. Both parties must be free to leave the encounter at any time.<\/p>\n

Sometimes, you may think you had your partner’s consent when you did not. There are five situations where all states agree a person is not able to give consent to sexual intercourse or sexual conduct:<\/p>\n