HomeLawCommon Defenses A Lawyer Can Use For A Sexual Crime.

Common Defenses A Lawyer Can Use For A Sexual Crime.

If you believe that you are being investigated for a sexual crime, a New Westminster criminal defence lawyer can help you out. The job of a criminal defense lawyer is to discredit the accuser who is involved in false allegations. It can be done or achieved in many ways, but it primarily starts with a private investigator. In cases involving false sexual crime allegations, you cannot move without hiring a private investigator. You have to search and investigate the person’s life and the people surrounding them to find out any possible thing to discredit them. 

Common defenses a lawyer can use for a sexual crime.

When someone is accused of a sexual offense, the best and most effective time to weaken the case is before going the case to trial. Most of the time, the sexual offense charges are based on testimony or allegations of the alleged victim.

  • Innocence

In a sexual accused criminal case, the primary defense of a defendant is their innocence. The defendant may argue, giving excuses like they were in another location when the sexual crime occurred. For that purpose, the accused person has to provide sufficient evidence to prove that they were not present with the victim when the crime took place.

  • Mistaken Identity

The defendant may also say that the accuser is either confused or could not identify them. The defendant must present evidence to prove the claim in the alibi presentation. For example, a DNA test can be performed on skin, hair, blood, semen, or nails to establish if the defendant was the culprit of the crime scene. 

  • Consent

If the victim agreed to sexualual contact and the defendant can show evidence of it, it will provide a defense against the claim of sexualual assault or misconduct. 

Illustrating consent is challenging. For example, if the accuser was previously involved with the defendant in a sexualual relationship, the defendant can use this information to show that the sexualual activity was consensual. The defendant may also use the accuser’s sexualual past to support consent for any previous sexualual activity.

It becomes impossible to find out that consent or permission was given for sexualual activity in some cases. If the victim turns out to be a child, who is incapable of comprehending the sexualual act involved, it becomes challenging to support the defense. An experienced criminal attorney will understand all the facts to help the client.