What Are Common Defenses for Sexual Assault?

Criminal Lawyer

Being charged with sexual assault is a serious matter and carry harsh penalties, like prison time, fines and a permanent criminal record. If you are currently facing a sexual assault charge, it’s important to consult with a criminal attorney from [law firm name] as soon as possible. A criminal lawyer assess your case and determine the best possible defense to use.

Here are some common defenses for sexual assault?


Consent is one of the most commonly used defenses used in sexual assault cases. If you can prove that the victim agreed to engage in the sexual act, you may have a solid defense. However, proving consent can be quite tricky. It’s not like you can show a videotape of the act, so you must try to show indirect evidence. For example, some defendants in sexual assault cases may use the victim’s past sexual history to prove that that person did give consent.

However, if the victim is a minor or mentally challenged, isn’t capable of making these kinds of decisions and can’t possibly consent to sexual acts.


Defendants in sexual assault cases can also argue that they didn’t actually commit the crime. In order to use this defense, you will have to prove that you were in a different location at the time of the assault. There are several ways you can show the court that you were somewhere else, including plane tickets, hotel receipts and witness statements.

Mental Incapacity

If defendants in sexual assault cases can prove that they were not in their right mind during the sexual assault, a judge may give them a more lenient sentence. If you were dealing with a mental disease at the time of the sexual assault, you could argue that the disease prevented you from realizing you were doing anything wrong. For this defense to stand in court, you may likely have to have a psychologist evaluate you and testify on your behalf in court.

Hiring a Criminal Attorney

Dealing with a sexual assault can be incredibly stressful and even make you lose sleep at night. The thought of spending time in prison and having a criminal record can make your life very difficult right now. That’s why it is important to consult with a skilled criminal defense attorney San Francisco, CA trusts as soon as possible. He or she will evaluate all the details in your case and help you build a defense.

During your initial consultation, your criminal attorney will ask you several questions about your case, such as whether you committed the crime or not and if you have any previous convictions on your record. It is important to answer each question honestly. Your lawyer is not there to judge you. The more details you give your lawyer about your case, the better he or she can help you.



Thank you to our friends and contributors at The Morales Law Firm, P.C. for their insight into criminal defense and sexual assault.

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