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What are the most common sexual assault defenses?

A charge of sexual assault is extremely serious. If convicted, a person can be punished with time in prison.

There are many types of sexual assault defenses that can be employed to help a person avoid serious consequences. Some of the most common include:

-- Innocence. This is the most basic defense, but is the one that most people turn to when charged with sexual assault. For example, a defendant may argue that they did not commit the crime because they were somewhere else when it happened. Along the same lines, the defendant can argue that the victim misidentified them.

-- Consent. There are times when the charged will admit to the behavior, but also make it clear that there was consent. In order for sexual assault to be considered assault, the behavior must have occurred against the victim's will.

-- Mental incapacity. It is possible for a defendant to claim that they had a mental incapacity at the time of the crime. As a result, they argue that the criminal liability should be removed.

Nobody wants to be charged with sexual assault, but many find themselves in this position every year. It is important to understand the many types of defense, including the three detailed above. One or more of these can be used to help a person avoid serious trouble with the law.

When a person is charged with sexual assault, he or she should understand the seriousness. From there, it is important to remain quiet and to devise a defense strategy that can help them avoid trouble.

Source: FindLaw, "Sexual Assault Defenses," accessed Oct. 19, 2015

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