Sex Crime Lawyer San Mateo, CA
When someone accuses you of something as serious as sexual assault, this is not a case you want to approach alone. While there are many things you can do by yourself to help with your defense—gather evidence, recall witnesses, even write down your account of what happened—having an attorney on your side who knows how the legal system works and has defended others with their sexual assault charges can be incredibly helpful to your case. Just because you may be innocent of the charges that someone is bringing against you, does not guarantee that a judge will dismiss the sexual assault charge. Speaking with an attorney can help set you on the right track for a solid defense regarding this claim. For more information on what to do when someone has accused you of sexual assault, read on.
Developing Your Defense
To combat these accusations, one of the first things you and your attorney will do is determine the best defense for your situation.
Alibi. One of the most common claims with this charge is that you are innocent. When claiming your innocence, you will need to provide a solid alibi, which includes:
- Records. Anything like financial records, receipts, movie tickets, or transportation tickets can help give a timestamp and a location regarding where you were at the time the accused claims sexual assault.
- Witnesses. Aside from printed records, you may have certain people who can confirm your alibi by stating they saw you elsewhere at the time the alleged assault occurred.
Misidentification. Especially in cases where the alleged assaulter and the victim were strangers, it is possible that the victim was indeed assaulted, but not by the accused. When this is the case, you and your attorney would develop a defense to show that the victim misidentified you. One of the most common pieces of evidence for this defense is DNA samples.
Consent. Another common defense—though hard to prove—is that of consent. A sexual assault case rests on the idea that the victim did not give their consent when the alleged assaulter was performing the acts. However, if the defendant states that sexual acts did occur but they were mutual, a judge may dismiss the case. Proving that the victim gave their consent can be difficult, however. Without a timestamped video or audio recording showing that the victim gave consent, it can quickly turn into a “he said, she said”. Additionally, when the victim is under the age of 18, a court will not consider them at the age of consent.
Where Should I Start?
If someone has accused you or a loved one of sexual assault, it can be completely devastating. However, speaking with a sex crime lawyer San Mateo, CA relies on can tremendously help your case. If you have any questions regarding these accusations, or if you would like to set up an appointment to speak with a sexual assault attorneys, please reach out to a law firm today.
Contact the Morales Law Firm for their insight into criminal defense and the benefits of having the help of an attorney for a sexual assault charge.