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Sex is an activity reserved for consenting adults. So, when someone is accused of sexual assault, they are often looked at negatively. They allegedly had sex with someone without their consent, and that act alone can make someone seem like a monster.

However, it is always important to remember that a person is innocent until proven guilty. Sometimes, a person can be wrongfully accused of any crime. Plus the concept of consent can be a gray area. Consent needs to be clear, but a person can consent to sexual activity without saying “yes.” Consent can also change at any time, so it is possible that a person could initially consent to sex and then change their mind.

What is Sexual Assault?

Sexual assault refers to sexual activity (behavior or contact) that happens without a person’s consent. This may include the following:

• Penetration of the victim’s body, or rape
• Attempted rape
• Unwanted sexual touching
• Oral sex
• Forcing a victim to perform sexual acts

Sexual assault tends to use force, but force does not always refer to physical pressure. A person may use manipulation or emotional coercion to force a victim into non-consensual sex. This may include threats and intimidation.

What Defenses Can I Use?

If you have been accused of sexual assault, you will want to work with a Colorado Springs sex crimes attorney who can help defend you from the charges you face. Here are some defenses to consider based on the circumstances of your case:

• Consent. One of the most common defenses is that the alleged victim consented to the sexual activity. Consent must be informed and clear, and this defense can be complicated if alcohol or drugs are involved.
• Mistaken identity. The defense may argue that the accused was not the perpetrator, often relying on alibi evidence or mistaken eyewitness testimony.
• False allegations. This defense argues that the accusation is entirely fabricated. It might stem from personal motivations, such as revenge or jealousy. This is particularly common in divorce and child custody cases.
• Lack of proof. The prosecution must prove the case beyond a reasonable doubt. If the defense can cast doubt on the evidence or witness credibility, the accused may be acquitted.
• Mental incapacity. If the accused was not mentally capable of understanding the nature or wrongfulness of the act due to mental illness or impairment, this can be used as a defense.
• Involuntary intoxication. If the accused was drugged or otherwise intoxicated without their consent, and this made them unable to form the intent to commit the crime, this might serve as a defense.
• Lack of intent. In some cases, the defense might argue that the accused did not have the intent to commit the crime, especially if there was confusion about consent or no awareness that the alleged victim was incapacitated.

Contact Us Today

Being accused of sexual assault can be a traumatic experience that ruins your reputation. Fight back with a solid defense.

A Colorado Springs sex crimes attorney from The Law Office of Andrew Bryant can help. We take these charges seriously. We will work to guide you through the process and help you gain the insight and understanding of these charges you need to beat them. Call our office at (719) 634-7353 to schedule a consultation.