Proving sexual assault charges is the job of the prosecution, but there’s no doubt that it can be stressful to you, especially if you’re innocent of the crime you’re being accused of. Sexual assault charges can lead to convictions that require you to be on the sexual offender registry, and that can hurt your ability to participate in your community or to get the job or home you want.
When the prosecution tries to prove sexual assault took place, the prosecution will need to show evidence that it happened. Things like medical records, video recordings, or photographs are used in some cases if they are available. A witness may take the stand, although a witness’s testimony may not always be believable.
As someone fighting back against these charges, you need to make sure your defense is iron-clad. Start by considering any evidence you have that nothing took place to hurt the other person. Maybe you weren’t home, for instance, so there’s no possibility that you were the person who was in the home hurting the other person. Perhaps you don’t know the other person, and this is a case of misidentification. Misidentification may be able to be proved with witness testimonies or even DNA, depending on the evidence provided by the prosecution.
Your attorney can help you determine what you should do in court and whether you should speak and provide your own testimony. As someone being accused of a crime, you have the right to plead the Fifth Amendment, which means you don’t need to say anything in court that could result in a conviction or be used as evidence against you. Our website has more information to help you take the steps needed to defend yourself.