Common Defenses to Sexual Assault Charges

 Posted on May 31, 2018 in Violent Crimes

Being accused of a sex crime can be stressful and emotionally tolling for you, your friends and your family. Whether the accusation is true or not, being accused of a sex crime can not only cause problems between relationships with people in your life, but it can also cause problems at work or getting future jobs. Understanding common defenses to sex crimes can prepare you if you are facing these types of charges.

Innocence

One of the most common defenses to sex crimes is innocence, meaning that you are pleading that you did not commit the crime. This is perhaps the most basic defense in sexual assault cases. The defendant can argue that they couldn’t have committed the crime because they were in a different place at the time the crime was committed. This is called an alibi and must be supported by credible evidence that they could not have possibly committed the crime.

Defendants have also claimed that the victim misidentified them as the perpetrator of the crime. Just like an alibi, defendants must provide credible evidence to support their claim of misidentification. Oftentimes DNA evidence can be used to determine if the defendant was at the scene of the crime or not.

Consent

One of the more complex defenses to sexual assault charges is claiming there was consent for the act to take place. According to Illinois state law, in order for a person to be charged with sexual assault, the act must be carried out against the will of the victim. If the defendant can prove that the act was consented to by the victim, this usually provides a solid defense, but proving consent usually tends to be difficult.

Consent is defined as a freely given agreement to the act of sexual penetration or sexual conduct in question. The law states that lack of verbal or physical resistance by the victim does not constitute consent, nor does the way the victim was dressed. The law also says that consent can be given, but also revoked and once consent is revoked, any act occurring after that is considered to be occurring without consent.

Seek Help From a Chicago Criminal Defense Lawyer

If you’ve been accused of a sex crime like sexual assault, you know how life-altering it can be. Sex crimes can follow you for life, which is why you should seek immediate help from an experienced Chicago sex crime defense attorney if you have been charged. The Luisi Legal Group can help you fight for the best outcome possible and go over your options. Call 773-276-5541 to set up a consultation to discuss your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?docname=072000050hart%2E+11&actid=1876&chapterid=53&seqstart=14300000&seqend=20800000