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Often considered one of the most life-altering criminal charges out there, a sex crime charge can often feel as though your ‘life is over’. However, with a solid case and a dedicated and experienced sex crimes charges defense attorney on your side, you can get back to the things that matter and prove that the situation was not your fault after all.
With this said, below are the five best ways to defend against sex crimes charges for you to review. Hopefully, with these under your belt, you can create an irrefutable case in no time.
- The Accused Claims to be Innocent
The first way to win a case is if you are innocent and can prove so. Because the law dictates that you are innocent until proven guilty, if you claim innocence and the opposition can not prove their case beyond a reasonable doubt, you will likely have the charges dropped against you.
However, if this is the route you choose to take, you must be prepared with your own evidence to back your innocence which can be difficult if the other side has evidence that may implicate you. This is where having an experienced attorney comes into play. With their help, you can solidify this case and potentially have all charges dropped in the blink of an eye.
- Both Parties Were Consenting
The next way to win a sex crimes case is to prove that both parties were consenting at the time of the act. The best way to prove this is through testimony from eyewitnesses, text messages that may imply sexual interest, and a lack of signs of struggle on the supposed ‘victim.’
If you can prove that the person was interested in you and wanted the sex at the time, you can then dismiss the case entirely as revoking your consent after the fact is still not allowed by judges nationwide.
- The Accused is Mentally Unfit
In some situations, it may be in your best interest to admit mental instability at the time of the incident and utilize the . If you felt particularly aggressive, blacked out during the incident, or have a family history of mental illness, you may be able to prove that the incident only happened because of your illness.
However, if this is accepted, you will likely have to spend the time you would have spent in jail in a mental ward to try and rehabilitate you. In some cases, this is a better option than jail which is why many people opt for this defense in court.
- An Alibi is Provided
Just as claiming innocence or consent could lead to all charges being dropped against you, having a valid alibi will surely streamline the case and prove your innocence with ease. An alibi can be as simple as being seen in video footage at a liquor store during the incident or as complex as multiple testimonies placing the accused at a location during that time.
Either way, if the case evidence is compiled correctly, the charges will be dropped, and the case will be closed from there.
- The Accused was Involuntary Intoxicated
Lastly, in some situations, the accused is technically guilty—just not on purpose. What does this mean? Well, if you attended a party or an event and were drugged at this event against your knowledge, your actions will likely be the cause of your involuntary intoxication lightening your charges drastically.
If your attorney feels you have a viable involuntary intoxication case, you may be able to prove your voluntary innocence which will help you to drop charges and move on with life from there.
If you or a loved one has been charged with a sex crime and are now looking for a sex crimes charges defense attorney in the Clay County area, give us a call today at Finnell, McGuinness, Nezami & Andux, P.A. We know what works and what does not making cases in any field a walk in the park!