If you have been charged with a sex crime, contact your local New Jersey sex offense defense attorney to help you with your case. Being charged with a crime can be a stressful event, especially if you have been charged with sexual assault. Your New Jersey sex offense defense attorney will know that there are several defenses that could be used, depending on the specifics of your case. The defense tactics that could be used include proclaiming your innocence, proving that the sexual encounter was consensual, and admitting to the crime but claiming that you were mentally incapacitated during the time of the crime.
Proclaiming Innocence as a Defense
Claiming that you are innocent is the most basic and common defense for the defendant in a sexual assault case. You may be able to give an alibi and show that you were at a different location when the sexual assault took place. Your New Jersey criminal attorney will be able to help you gather credible evidence and testimony that will help to prove your alibi. An example is if the sexual assault took place in Miami, yet you claim you were in San Diego that day, you and your defense attorney will need to prove this claim. With your help, the defense attorney will gather receipts, travel documents, eyewitness testimony, or credit card statements to show proof that you were not where the sexual assault took place at the time. Another defense for claiming innocence is that the victim has falsely identified you as the person who committed the crime to the police. In this case, producing an alibi will help strengthen your claim of innocence. In some cases, there will be DNA left by the perpetrator, which you can have your DNA tested again to prove it was not you.
Claiming Consent as a Defense
In this case, no one is denying that the sexual encounter took place. However, the claim is that the sex was consensual, not forced. If the defendant is able to provide some sort of proof that this claim is true, then their defense will be a much stronger one. However, proving consent can prove to be a difficult task. If the victim was a mentally impaired person or a minor, then they are not able to give consent. Different states have different laws and standards as to what is consensual sex. In some states, your defense attorney may be able to argue that you were not aware that the person was not able to give consent for themselves. It is best to consult with your criminal defense attorney to see what the laws are for your state.
Claiming Mental Impairment as a Defense
Defendants are able to claim that the sexual encounter did happen, however that they were mentally incapacitated at the time of the encounter. Claiming a mental impairment means that the criminal liability for your actions will no longer be an issue if the impairment is found to be true. Like the laws with consent, being mentally impaired can have different meanings in different states. If you are found to be mentally impaired during the time of the sexual assault, then your sentence will reflect that finding. If a person is truly mentally incompetent or mentally challenged, then it is assumed that the person had no idea what they were doing was considered to be wrong or unlawful. Remember, having a strong defense can only help your case, but it is up to the prosecution to have the burden of proof. The prosecution will need to prove, without a reasonable doubt, that you were the perpetrator who committed the sexual assault against the victim. If you and your defense attorney are able to show reasonable doubt in the case, then it is likely that the jury will acquit you.
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Contact a New Jersey Sex Offense Defense Attorney
If you have further questions about your sexual assault case, contact your criminal attorney today. For an experienced professional, contact your New Jersey sex offense defense attorney today from Anderl & Oakley, P.C. at 609-921-1755. We have the New Jersey sex offense defense attorney who will help you fight for a fair outcome in your defense case.
