Damico & Stockstill, Attorneys at Law

There are sexual assault defenses you can use in Louisiana

If you've been accused of a sexual assault crime like rape or sexual abuse of a minor in Louisiana, you might not think you have many options to defend yourself. Maybe the evidence is stacked against you, or you think the accuser has power over the case in some other way. Fortunately, there are actually several ways you can defend yourself against a sexual assault charge of any kind.

First of all, you can claim innocence. Perhaps the person accusing you of sexual assault actually consented to have sex with you or to perform sexual behaviors. If the he or she changed one's mind later, that wouldn't be classified as a crime. You can also claim innocence if you were not involved in the crime in any way; if you can prove you were somewhere completely different, then it would be very hard to accuse you or take the case any further.

Consent is nearly impossible to prove unless there is some kind of recording that can do so. In some cases, if the person accusing you is under age but did consent or if you thought the individual was over the age of consent at the time, you may be able to use the mistake as a defensive strategy.

DNA evidence can be used to show your innocence, too. Does the accuser have evidence? If so, has it been matched to you? Misidentification is near impossible with a DNA match. The prosecution has the burden of proving that you are guilty, so if you can cause a reasonable doubt that you are guilty, then you may be acquitted of the crime.

Source: FindLaw, "Sexual Assault Defenses" Nov. 11, 2014

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