New York laws against sexual assault are severe, and getting experienced legal representation is critical if you want to avoid conviction.
The most important thing to remember if you’re facing charges is to talk to an attorney before giving a statement to law enforcement. Anything you say to the police might be used against you.
Even if you are innocent, allegations of sexual assault can tarnish your reputation and affect your professional and social life. Even if you didn’t commit a crime, you could still be convicted unjustly on false charges. And even if you are partly at fault, you might be charged with much more serious crimes than you deserve. If you’re facing sexual assault charges, talk to a criminal defense attorney as soon as possible.
Possible Defenses for Sexual Assault Charges in New York
Possible Defenses Available to You
FindLaw explains some of the potential defenses available to someone charged with sexual assault. A criminal defense attorney can defend your case, possibly using the following defenses:
- Innocence: In a sexual assault case, the most basic defense is a claim of innocence. A defendant can argue that they could not have committed the crime because they were in a different location at the time the alleged crime took place, which is known as presenting an “alibi”. In order to present a defense based on an alibi, the defendant must support the alibi with credible evidence that establishes that they were not with the victim at the time the crime took place. Credible evidence often includes documents such as hotel receipts, plane tickets, credit card bills, witness corroborations, and DNA evidence if necessary and available.
- Consent: One of the elements of sexual assault is that the sexual behavior must occur against the will of the victim. Sometimes defendants in a sexual assault case will admit to the behavior in question, but argue that the victim’s consent negates the charges. If the defendant can demonstrate that the victim consented to the sexual contact, it could provide a solid defense to the allegations. However, proving consent can be difficult and controversial for the defendant, and is sometimes impossible. When the alleged victim is a minor, is somehow incapacitated, or is mentally challenged and incapable of understanding the sexual nature of the behavior, it’s impossible to use consent as a defense.
- Insanity or Mental Incapacity: Defendants in a sexual assault case can also claim that they had a mental disease or defect at the time of the crime that should remove criminal liability for their actions.
It’s normal to feel overwhelmed and scared if you’re facing charges of sexual assault in White Plains, New York. Proving your side of the story might feel impossible, but Darren DeUrso is here to help you explore all the defense options available to you. Call us at 914.772.8614 for a free consultation.
Darren DeUrso, Attorney at Law
188 East Post Road, Suite 300
White Plains, NY 10601