Because of the severe nature of the crimes categorized under sexual assault, being accused of such a crime can be horrifying. A false accusation of sexual assault is a nightmare scenario.
For clarification, it’s important to understand what the term “sexual assault” refers to regarding criminal activity. Sexual assault gets classified separately from other similar charges, such as sexual harassment, stalking, and domestic violence. But like these other related categories, the primary defining factor for sexual assault is unwanted physical contact.
Also, while many assume sexual assault is a crime perpetrated against women, sexual assault can occur to all genders. Since no one is immune from the possibility of sexual assault, it’s important that if you have been accused falsely of this crime, you obtain a good criminal defense attorney as quickly as possible.
Here are examples of what can be deemed sexual assault.
• Inappropriate Touching
Because the primary defining factor of sexual assault rests on unwanted physical contact, a variety of subjects can apply to inappropriate touching. The term generally applies in situations where one person initiated physical contact without consent from the other person, so anything from forced kissing to placing a hand on their shoulder could apply.
Always keep in mind that context plays a role in sexual assault charges, meaning depending on the people and the situation in question, inappropriate can depend on what happened and how. For instance, assisting someone by taking their hand to help them down a flight of stairs could qualify as either inappropriate touching or cordial help depending on what occurred, where it occurred, and what may have been said as you took the person’s hand.
• Sexual Intercourse
If a person gets forced to engage in any kind of sexual intercourse against their consent, the person forcing them can be guilty of committing sexual assault. Again the key factor rests with consent between the parties.
This category does not only refer to situations involving sexual penetration. A person may be forced to expose themselves or engage in activities related to penetration without actually engaging in penetration and still be a victim of sexual assault.
• Child Molestation
Any person under the age of 18 qualifies as a minor in the eyes of the law. Forcing anyone in that age range to engage in sexual activity would qualify as child molestation. Molestation would include sexual acts with minors, including touching of private parts, exposure of genitalia, taking of pornographic pictures, rape, inducement of sexual acts with the molester or with other children, and variations of these acts.
For those wrongly accused of sexual assault, it’s important to supply a proper defense against the charges. But since the burden of proof will rest with the prosecution, a good criminal defense attorney like us at Farkas & Crowley will understand the best tools and strategies to prove your innocence.
Evidence in your defense includes any proof or information that disproves the allegations by the prosecution. For example video (CCTV) or photographs proving you were somewhere else at the time of the assault. Another example is witnesses who provide credible testimony that can corroborate your whereabouts and provide a solid alibi. Also we will be looking to discredit any evidence presented by the prosecution and to challenge any lack of plausible evidence to legally rebut the charges.
Forensic evidence includes things like DNA tests, fingerprints, trace evidence and any information collected at the scene of the alleged crime. It can be used to prove or disprove a crime. Challenging the reliability of presented forensic evidence can be used to prove a person’s innocence on the charges. Furthermore pointing out the lack of any forensic evidence can also provide proof that that you are being falsely accused.
Since a key factor in any sexual assault case is consent, challenging the prosecution on this factor can be made. If consent was in fact given, and the sexual act was consensual, it can be used to decide that the accused was actually innocent.
Because getting accused of sexual assault can be so devastating, it’s vital to have experienced legal professionals on your side. We at Farkas and Crowley are very experienced on defending our clients rigorously against such allegations. To find out more about how we can help, contact us today.
Looking for a criminal law firm? Farkas & Crowley, P.A. are the attorneys for you. They are extremely knowledgeable of the law and go the extra mile for their clients. Their expertise and impeccable work ethic are hard to beat. Available 24/7. Highly recommended.