Damico & Stockstill, Attorneys at Law

80 Years Of Combined Trial Experience

Types of defense strategies used in sexual assault cases

On Behalf of | Dec 1, 2016 | Firm News, Sex Offenses |

Sexual assault charges are extremely serious and could lead to severe consequences for the defendant. Those found guilty of sexual assault could face several years in prison. Even after they get out of prison, they will have to live difficult lives because their name will be registered on the sex offender registry. When facing sexual assault charges, it is important to have a clear defense strategy. There are several different strategies used by defense attorneys to protect their clients.

The first major strategy used is the presentation of an alibi to establish that there was no way the defendant could have been at the scene of the crime. This is the most powerful and clear-cut method to make sure the defendant is not found guilty. It puts the onus on the prosecution to place the defendant at the scene of the crime, which can be tricky if the defense has already brought forward concrete proof. It puts doubt in the mind of the jury, thus there is a higher chance of acquittal.

In some cases, the insanity defense is used as a defense strategy. The defense attorney tries to prove that the person accused was mentally incapacitated at the time of the incident due to mental illness or trauma. This also helps reduce the sentencing in case the defendant is found guilty.

Consent is also used to defend those accused of sexual assault. The defense attorney tries to establish that the victim consented to the sexual acts. This can be complicated and difficult because it is difficult to prove. But it may also put doubts into the mind of the jury, thus creating further confusion.

Facing sexual assault charges can be difficult. But it is important to hire a defense attorney who can assess the evidence against you and devise a strong defense strategy for you.

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