Sex crimes range from misdemeanor touching to one-act offenses that carry life in prison. Sex crimes are both under-reported and falsely reported more than other crimes (see here). Sexual assault crimes, by nature, are more likely to occur in private with no other witnesses. This can create a he-said-she-said situation that makes cases hard to prove for the prosecution, but also hard to disprove for the defense. Identifying inconsistent statements, a lack of any corroboration (other evidence consistent with the alleged victim’s story), or arguing the alleged victim consented can help you overcome sexual assault allegations.
Freedom Law 805 does not accept sex cases involving alleged victims under age 14.
Consent as a Defense
Consent is often a gray area in sexual assault cases, but there is no “gray area” in guilt. To find you guilty, for most sex crimes, the jury must find beyond a reasonable doubt that the alleged victim did not consent to the sexual act. In a misdemeanor sexual battery case, for example, the jury must acquit you if they find a legitimate possibility that the alleged victim was okay with you touching him or her in a sexual way. If the jury has a legitimate doubt, you are entitled to the benefit of that doubt.
Because we are not mind readers, the law provides a defense of “reasonable belief in consent.” If you actually and reasonably believed the victim consented, the jury must acquit you. So for the sexual battery case, if you truly believed the person was okay with you grabbing his or her buttocks, and a reasonable person in your shoes might have agreed, you are not guilty of sexual battery.
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