LibertyBell Law Group

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Monday, April 13, 2015

Criminal Lawyers on Sexual Assault Trial Defense

Criminal lawyers know that being accused of sexual assault can be devastating. Just the mere accusation can damage your reputation or cause you to lose your job. A conviction will result in prison time and lifetime sex offender registration. The penalty for sexual assault continues well beyond a served prison sentence as the criminal record and sex offender status will affect job opportunities, places where you can live and more. Unfortunately, some defendants are accused of sexual assault by a vindictive prostitute, an ex-girlfriend, or other ill natured person. 

Criminal lawyers from LibertyBell Law Group have successfully represented many clients accused of sexual assault and here are some of many of their basic defenses. Criminal defense lawyers commonly use the defenses below in sexual assault trials. A lot of experience and skill is needed to be effective in the investigation, fact development, finding witnesses and interviewing them, presenting the evidence to convince all jury members and much more.

Sexual Assault Defenses Commonly Used by Lawyers:

  • Innocence
  • Consent
  • Insanity or Mental Incapacity
The innocence defense is more likely to be used by a lawyer when it can be proven that the defendant was not with the alleged victim at the time of the crime. As much as possible, top criminal attorneys from LibertyBell Law Group use evidence such as receipts of a location other than where the alleged crime took place, plane tickets and witness testimony.

However, the innocence defense (by way of not being there) will not be as effective if DNA evidence presented by a prosecutor establishes that the defendant was at the crime scene. 

Arguing that the victim consented is a defense that has to be done very meticulously by attorneys. Criminal lawyers will perform their own investigation to find evidence that the victim consented and no sex crime occurred. Criminal defense lawyers know this defense is usually much easier to argue before a jury when the victim and the defendant has had sexual relations before the alleged crime took place. For instance, a wife of another man may accuse a defendant of sexual assault because she doesn't want her husband to know she's been having an affair. Thus, she accuses the defendant of sexual assault because her husband has caught wind of her having sex with another man. Lawyers know this type of defense requires diligent investigation and questioning of witnesses among other things.

It is important to note that the consent of a minor is impossible to defend, even if they actually consented, according to law. All states have laws that regard any sexual contact with a minor, inappropriateness, coercion, or attempt to get a minor to engage in lewdness or sexual act is a crime. 

Lawyers know the insanity defense is very difficult to prove unless the defendant has a documented history of mental insanity. Juries are always very skeptical of insanity defenses, regardless of the crime. The mental incapacity defense is used by attorneys when a defendant has a mental disease or defect that prevents s/he from understanding the criminal nature of their actions.

LibertyBell Law Group lawyers are very skilled at building custom-made criminal defense strategies for their clients. They know that criminal trial defense should not be treated as a one-size-fits-all approach, rather every case is unique and must be fought with hard work, dedication and expertise.

Sexual assault cases are extremely difficult to defend and require representation from the best criminal defense lawyers. LibertyBell Law Group is composed of a team of award-winning lawyers recognized for their case results in defending even the most difficult cases. If you are being investigated or charged with a crime, call our lawyers now at 855-LAW-PRO1 (855-529-7761).