Sexual Assault Charges Defense Attorney in Philadelphia, PA

A sexual assault accusation can have a significant effect on one’s life, and sometimes it is treated as a joke to the accused. However, these accusations can also have entirely different consequences, like jail time. Unfortunately, there is a significant number of false allegations made against people. You need to consult a defense lawyer who will provide you with information about defenses against sexual assault charges. The more information you receive regarding defenses against sexual assault charges, the greater your chances of acquittal.

What is Sexual Assault?

The term sexual assault covers a wide range of behaviors, from criminal sexual conduct to lewdness and indecent exposure. It is a crime that involves sexual contact with another person without their consent or against their will. It can include sexual intercourse, molestation, child molestation, incest, and rape. In the United States, sexual assault is a crime committed by both men and women. A conviction for sexual assault can result in jail time and other severe penalties.

Situations that Can Lead to Sexual Assault Charges

The first step in defending yourself against these allegations is to understand what constitutes sexual assault in the eyes of the law. This can vary by state, but certain aspects remain consistent across most jurisdictions. For example, a person cannot consent:

  • If they are mentally incapacitated or unconscious caused of drugs or alcohol
  • If they are unconscious due to sleep
  • Suppose they are under 16 years old and engaging in any form of consensual sexual activity. In that case, it may be considered statutory rape even if both parties agree to participate.

Sexual Assault Defenses

A person charged with sexual assault may use a variety of defenses to fight the charges and avoid conviction. These include:

  • Consent. Consent is one of the most common defenses in cases of sexual assault. The law defines consent as an individual’s voluntary agreement to engage in sexual activity with another person. This means that the person must have the mental capacity to understand what they agree to and give their consent freely and voluntarily with no threat or force applied. If you had consensual sex with a person and threatened them forcefully, there was no consent given if they did not do so. If you were married or had previously had consensual sex with the victim, then there may not be any reason for them to say no or fight back against you because they may be scared that you might hurt them if they do not comply. In these situations, it is important that you have an experienced criminal defense attorney who can determine whether your actions fall under this defense so that we can help provide you with a strong defense strategy.
  • Innocence. The first defense available against sexual assault charges is innocence. For someone to be convicted of sexual assault, there must be proof beyond a reasonable doubt that:
  • An act constituting penetration occurred.
  • Penetration occurred with force or against consent.
  • The alleged victim gave no consent, or any other factor negates consent given by the alleged victim.

It is possible that the prosecution cannot prove its case beyond a reasonable doubt if these three elements are missing from their case. In this case, your conviction should not be upheld.

  • Mistaken identity. A common defense in sexual assault cases is mistaken identity. If someone alleges that you sexually assaulted them, but they fail to identify you as the perpetrator, this can prove your innocence.

Even if there were enough evidence to charge someone with sexual assault, there might not be enough evidence to convict them at trial. This could happen because of inconsistencies in their story or because they did not have any physical evidence left behind at the alleged crime scene. We can use this as an effective defense against sexual assault charges if all other evidence cannot prove beyond a reasonable doubt that you committed the offense.

Contact the Brookman Law Group Today

 If you have been charged with sexual assault, it is crucial to seek legal representation as soon as possible. Our attorneys at the Brookman Law Group will work tirelessly to protect your rights and ensure that you receive the best outcome possible in your case. Call us at (267) 415-4623 or contact us online to schedule a free consultation.

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