If you have been accused of sexual assault, there are three defense strategies your criminal defense attorney may utilize to defend the charges against you. These defenses include, but are not limited to:
1. Identity Defense
In a sexual assault case, the most basic defense concerns the identity of the alleged perpetrator. To cast doubt upon identity, the defendant may use an alibi defense. An alibi may suggest the accused person was in another location when the sexual assault occurred. Alibis are most persuasive when 3rd party testimony, or documentation, corroborates where the accused person was located at the time of the crime.
An additional method casting doubt upon the identity of the perpetrator uses misidentification as a defense. In other words, it was too dark to sufficiently identify the assailant or there may be other persons matching the description given.
2. Consent
If a sexual act occurred with the consent of each party, no sexual assault occurred. The accused person may use evidence available in the case to suggest the sex was consensual. Further, if the alleged victim cannot persuade the jury the sex was without consent, reasonable doubt may demand the jury acquit the person on trial. However, proving consent may be difficult. For instance, this article details how attempting to prove consent may backfire in court.
Additionally, in certain cases “lack of consent” may be established by law. For example, when the alleged victim was a minor they are incapable of consenting to a sexual act. Also, if someone is incapacitated, is mentally challenged, or is incapable of understanding the sexual nature of their behavior, they cannot consent to sex under those circumstances.
Lastly, it’s important to remember standards of consent vary by state. This is how consent is defined in Texas. (See here for an article on how your state defines consent.)
3. Insanity or Mental Incapacity Defense
The insanity defense means the accused person was incapable of understanding the nature of their conduct was wrong because of some severe mental defect. Nevertheless, pleas of insanity may be difficult to successfully prove. Moreover, the definition of “insanity” may vary by jurisdiction.
A mental incapacity defense means the accused person was incapable of forming the criminal intent required by the offense as defined by state law. Most importantly, voluntary intoxication is not a defense to criminal conduct in Texas. In other words, if a person claims they were not capable of forming the requisite intent because of their voluntary intoxication, the mental incapacity defense would not be available for the accused. However, if the person was intoxicated via an involuntary act, the mental incapacity defense may be available.
In any case, even if your defense attorney successfully proves insanity or mental incapacity, you may not face jail time, but you would likely undergo psychiatric treatment for an indefinite period of time.
If you or someone you love is accused of sexual assault, give Gustitis Law a call. Stephen Gustitis is a Texas Board Certified Criminal Defense Attorney with more than 28 years of experience practicing criminal law and criminal defense in the Bryan-College Station Area. Have questions about sexual assault charges and need a lawyer? Contact us 24 hours a day at 979-823-9111 or send us a message here.
