Sexual assault can be defined in many ways; however, it always involves illegal conduct in the form of a physical attack on a person that is sexual in nature. Different states have different definitions of what constitutes sexual assault, or what specific crimes may be, but sexual assault is broad enough to include crimes such as rape, sodomy, illicit touching or any physical contact that may or may not include penetration.
Defending Against Sexual Assault Charges
To prove sexual assault, it must be proven that consent was never given or that it was withdrawn at some point during an encounter. Consent may also become an issue in cases where drugs or alcohol are involved, and a person cannot grant consent or deny consent due to being mentally diminished.
One of the common defenses against sexual assault charges is to claim that a person is lying about consent. An experienced attorney may be able to use expert witnesses to show that victim was actually lying to cover up actions or to protect their reputation. They may also introduce evidence or witnesses that cast enough doubt that the act was unwanted.
The other most commonly used defense is that a person is innocent of committing sexual assault. This is most often used when the defendant has a credible alibi that can be bolstered by supporting evidence and by witnesses if they exist.
In other cases, one person will accuse another of sexual assault as a way to extort money from them. Celebrities and wealthy or well-known business people sometimes are in the news for this exact type of situation, but this can happen in any case where one spouse may be cheating on the other one.
Aside from the serious nature and possible penalties that can result from a sexual assault conviction, the other onerous thing that a defendant can face is having to register as a sex offender for the rest of their lives.
Shalvoy Law serves clients in Newton and other nearby Connecticut communities.
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