Being charged with a sex crime is serious. Despite its seriousness, it doesn’t have to define you as a person. Maybe you made an honest mistake. Maybe you’ve been charged by mistake. It could also have been a case of mistaken identity. For the most part, defendants in a sex crime case will typically proclaim their innocence. So, what are some defenses you can use for a sex crime charge in Colorado Springs?
The most common defense in a sex crime case is that of innocence. The defendant and his or her lawyer can argue that the defendant was not even at the scene of the crime. This would require an airtight alibi in order to be effective. To defend the alibi, the defendant and lawyer will need to provide credible evidence that backs it up, such as video, receipts or witness testimony.
Mental incapacity is another common defense used in sex crime cases. The defendant can claim that he or she suffered from a mental disease or defect when the crime occurred, which could lead to them not being held liable for the crime. They will need to provide evidence as to how their mental issue led them to misunderstanding their actions or the crime.
There are also times where a sex crime defendant will actually admit to the actions that took place but argue that there was consent involved. If there is sufficient evidence present that the plaintiff consented to the sexual act, then the defendant might be able to defend the charge successfully.
Are you facing a sex crime charge in El Paso County? An experienced criminal defense attorney can help you learn about possible defenses to the charge and how you can protect yourself in court.
Source: Findlaw, “Sexual Assault Defenses,” accessed Oct. 11, 2017