If you’ve been accused of sexual assault, then you need to decide on how you’re going to defend yourself in court. You have a few different options for criminal defense, including innocence, consent, and insanity. Each of these defenses works in a slightly different way, but they can be used to your advantage in most situations.
If you’re innocent of the crime you’re accused of, then you can claim innocence. If you have an alibi, which is someone you were with at the time of the crime, who can say you’re not involved, this can be a good way to get your charges dropped. If you don’t have an alibi but can prove you weren’t involved in another way, like through DNA tests or a tracking device in your phone, then you may be better able to protect yourself against the charges.
Consent is another defense option if you’re accused of sexual assault. If someone claims you raped her or him but gave you consent to have sexual relations, then clearly, you weren’t in the wrong. Proving you had consent can be difficult, but if you have a text message, recorded conversation, or other proof, these can be used and be helpful in building your defense.
Insanity is another option, although it’s not one you can typically use. An insanity defense essentially works by claiming you had a mental disorder or disease that prevented you from knowing that what you were doing was wrong. If you or the defendant in the case is mentally challenged, this defense could work in your favor.
Source: FindLaw, “Sexual Assault Defenses,” accessed April. 30, 2015