If You Face Sex Crime Charges, Here Is What You Should Know About The Defense
Sex crimes are notoriously serious allegations because they often involve far more than jail time or fines; they also require ongoing disclosure through the sex offender registry. Your neighbors, employer and even strangers will all be able to find out about a conviction, and it will forever change your life.
At Agre & St. John, we believe your case deserves special attention. We craft strong defense strategies and execute them with precision. Our team has decades of experience with serious felony-level sexual assault crimes. We understand the support and defense you need to retain your freedoms and minimize the impact this moment has. Call us at 856-422-8364 to schedule an appointment as soon as you can.
Are You Considering A Defense Of Innocence?
A person accused of sexual assault may claim that they could not have committed the crime. This defense, also known as an alibi, may be based on a claim that they were not in the location of the crime when it was committed. An effective defense, in this case, would be supported by evidence proving the actual location of the accused.
Another form of this defense can be that the victim misidentified the accused. Sometimes the crime scene has evidence such as hair, fingerprints or DNA that can establish whether the accused was present at the scene.
Understanding The Defense Of Consent
An accused person may admit to having been at the scene and to touching the victim but claimed that the acts were consensual. Proof of consent is not really possible. Difficult issues arise as to what kind of evidence can be considered. Prior consensual sexual acts between the individuals involved can be helpful but are not necessarily exculpatory. Making general claims regarding the accuser’s sexual history can be prejudicial and even work against the accused.
Some individuals simply cannot consent. This defense of consent is not possible when the victim is a minor, mentally challenged and unable to comprehend the sexual nature of the behavior, or incapacitated (i.e., if the person was not conscious).
States vary in the level of awareness an accused has of the victim’s ability to consent. In some states, an accused cannot argue that they didn’t realize the victim wasn’t giving their consent. In other states, it is a defense if an accused took reasonable care to establish consent. A mistake as to consent can serve as an effective defense.
Using A Defense Of Mental Incapacity
If an accused had a mental disease or defect at the time of the incident, that condition could rise to the level of an effective defense. Most states show leniency to a defendant if they have a condition that prevents them from understanding the criminal nature of their actions.
Being accused of a sex crime can be quite stressful. You will be concerned about protecting your reputation, having a criminal record and possibly losing your freedom.
Contact Agre & St. John For Experienced Defense
Agre & St. John has successfully represented defendants in sexual assault cases. We appreciate the sensitivity of these cases and the stress involved in being accused. Contact a seasoned sex crimes lawyer today by calling 856-422-8364 or by completing an online form. Our Haddonfield, New Jersey, office provides quality legal defense to clients throughout South Jersey.