Rape is one of the most serious crimes, a mere accusation of rape can leave you with a negative stigma that is difficult to overcome. A conviction for rape can lead to severe consequences, including a lengthy prison sentence, heavy fines, a violent criminal record, GPS-enforced parole supervision upon release from custody, separation of families and, worst of all, mandatory sex offender registration for the rest of a person’s life.
Three main and effective defenses for a rape charges that can be used: innocence, consent, and insanity.
Innocence. An innocence claim is a fundamental defense for all crimes, including rape and sexual assault. The innocence defense is simply stating that the defendant did not do the allegedly criminal action. One way an innocence claim can arise is in the context of an alibi defense. With an alibi defense, the defendant asserts that they were at a different location at the time the alleged crime took place. Witnesses can be presented to confirm the defendant's whereabouts at the time in question. Other evidence such as surveillance footage, store receipts, and vehicle GPS data, can also be used to support the alibi.
A defendant can also claim that they were misidentified by the victim, or that the alleged victim is simply lying, perhaps due to some underlying motive to harm the defendant. If DNA evidence is available, it can help establish with a high degree of certainty whether the defendant was involved or even present at the scene of the alleged crime.
Consent. Defendants in a sexual assault case will admit to the behavior in question, but argue that the victim's consent negates the charges. One of the elements of sexual assault is that the sexual behavior must occur against the will of the victim. Thus, if the defendant can demonstrate that the victim consented to the sexual contact, it will provide a solid defense to the allegations of sexual assault.
Showing consent can prove both difficult and controversial for the defendant, however. Defendants often can't provide direct evidence of consent, so they will attempt to use the victim's past sexual history as a way of showing that the victim gave consent for the sexual activities. This can backfire with a jury and paint the defendant in a negative light.
Insanity. A defendant can also claim that a mental illness has impaired or affected their ability to use moral judgment, preventing them from 'seeing' the act as a crime. In the insanity defense, it must be established that the defendant, at the time the alleged crime took place, suffered from a mental defect and as a result did not understand the nature and consequences of the act, and could not distinguish between right and wrong and therefore cannot be held responsible for the crime. When a defendant is found not guilty by reason of insanity, that does not end the process. Such a verdict will result in an indefinite civil commitment.
Being accused of sexual assault can be a stressful situation issue to handle. Not only is your reputation on the line, but also your criminal record and possibly your freedom. You likely have questions about sexual assault defenses, and will also want to know more about mandatory sex registration, should you be convicted. You can contact a sex crimes attorney who can answer your questions and help craft the best defense.
