Defense of Sexual OffensesSan Diego Legal News
Being charged with a sexual assault or any other sex-related offense is a serious matter. Confronting a sex-based crime is an incredibly difficult process for all parties involved, it can put an immense strain on your psychological health, social relationships, and financial stability. If you have been charged with a sexual offense of any kind in the San Diego area, you must retain an experienced and qualified criminal defense attorney immediately. Though difficult in any circumstance, there are routes of defense.
Defenses to Criminal Sex Offenses
Innocence: A defendant can argue that they are not guilty based on outright innocence. This is the most basic form of defense but if an alibi can be established it may be the most potent. If you have evidence that puts you in a different location or shows that you are not the suspect in question, a skilled criminal defense attorney can help you maintain your freedom and reputation. Many sexual offense allegations occur when there is alcohol and/or drugs present and can increase the risk of a miscommunication on all parties involved. San Diego is home to many renowned institutions and students are at a greater risk of falling into a precarious legal situation. If you find yourself in legal jeopardy do not hesitate to contact a San Diego defense attorney for your protection.
Consent: If you are accused of a sexual offense but the opposing party provided consent, you may have a chance to prove your innocence. Consent is the affirmative permission to engage in sexual activity; in most situations, this represents a verbal message. Consent must be clear, affirmative, and occurring at all times during a sexual encounter. Providing evidence that an accuser consented to the act, though difficult, will be exculpatory in a sex crimes case. An individual cannot provide affirmative consent if they are a minor, incapacitated, or suffering from a mental illness or disability.
Insanity/Mental Incapacity: If the defendant can provide documented proof of mental disease and/or disability, criminal charges can be negated. An individual that is suffering from mental illness or diminished capacity may not have the necessary faculties to comprehend the nature of the sexual activity and, as a result, may receive leniency from the judicial system.
Consequences of Being Charged with a Sexual Offense
Being accused of a sex crime can have a devastating impact on one’s wellbeing. Your reputation will be irreparably harmed for even being accused, this will impact your social life and may lead to you being isolated by your peers, coworkers, and family members. This can have a devastating effect on your ability to function throughout the day, may interfere with your employment and may strain existing connections. A sexual offense conviction can result in over a decade behind bars, being barred from certain public spaces, and being placed on the sex offender registry which will permanently stifle all of your options for the future. If you are in the San Diego area and have been accused of a sexual offense, call the Coast Legal Center for a free consultation at 619-231-0724.