If you’ve been accused of sexual assault, you will find this guide very useful. It runs through some of the best defenses to avoid jail time for an assault charge, like proving that the other party consented and that you weren’t at the scene of the crime. Keep reading to learn more.
1. They Provided Consent
You of course would be arrested for sexual assault charges if you have forced someone into non-consensual sex. You can use that you received consent from the other party as your defense. Now, this is easier said than done. So, you would need a good attorney to take care of this.
If the two of you exchanged text messages and you have proof that the two of you were meeting to have sexual intercourse later, you can use this as a major part of your defense. Of course, you can keep sticking by that the other party gave their full consent when the two of you met as well, as the jury won’t be able to tell whether this happened or not as they were not there.
2. False Accusations
You can use false accusations as your defense. If the other party is someone that you personally know and have bad history with, this would be easy to do. You could create a defense that they were jealous or angry with you. So, they decided to falsely accuse you of sexual assault and potentially ruin your life.
Apart from the other party and you not having the best history, you can also show that they filed the case as they are looking to gain something from it. This could be financial, as you could be someone that has a lot of money.
3. Lack of Evidence
You can also use lack of evidence to avoid jail time for an assault charge. It is up to the prosecutor to prove that sexual assault took place beyond a reasonable doubt. Unless they have enough and more proof of this, there is no way that a verdict would be reached.
In some parts of the world, the prosecutor has to explicitly show that the defendant touched the victim in an intimate part, was against the victim’s will, and that the touching was done specifically for sexual gratification.
Even if one of these is missing, your prosecutor would not be able to prove that you did what you are being charged with.
4. There is An Alibi
If you in fact have been falsely accused, the court can use DNA sampling to check if you did commit the crime. It would come out as negative if you weren’t the perpetrator.
Also, you can stick with an alibi to show that you weren’t at the scene of the crime. You can use crime stoppers to help with this.
If you’re wondering how does crime stoppers work, you can check out this guide.
As you saw from everything that was run through, there are many tips and tricks to consider to beat a sexual assault charge. The most important factor would be to hire a good lawyer to beat the jail time for an assault charge. Some of the best defenses that you can go for are innocence, as well as proving that you have been falsely accused and that there is a lack of evidence to show that you did the crime.