An allegation of sexual assault can be a catastrophe and can result in severe consequences if you are convicted. Sexual assault crimes include but are not limited to: rape, criminal sexual penetration, sexual battery, and criminal sexual contact. The lack of consent is a crucial factor in sex crimes. Sexual conduct becomes criminal when sexual touching is not consented to, because either the offender forces another person to be sexual against their will or the other person is considered incapable of consenting or has diminished capacity to consent. If convicted, offenders can face jail or prison time, sex offender registration, a serious criminal record, all of which may result in termination of employment or loss of a professional license. Sexual assault laws involving rape and criminal penetration usually define this conduct as a felony which is a crime that involves one or more years of jail. Sexual contact crimes may be felonies or misdemeanors.
First Steps To Take After The Accusation
Your initial response to this type of charge should be to stay calm and avoid any retaliation. This involves staying far away from the accuser as well as avoiding any type of contact with them. Immediately acting to defend yourself is a natural response. However, a rash and angry response will hurt your case.
On the other hand, do not ignore the charges simply because they are false. It is vital to act proactively as soon as you learn of the charges. To protect yourself, the next step is to write down your own recollection of events. Try your best to recollect every single detail no matter how miniscule. It is also important to write down all of your interactions with the accuser as well. Make sure to not show your notes to anyone except your attorney.
What To Do Next
Next, you should contact a criminal defense attorney. A sex crime is a very serious charge and a conviction will greatly impact your life. A competent criminal defense attorney can help you fight a sexual assault charge, protect your rights, and achieve the best possible outcome. An attorney can assist in gathering up all possible evidence. This includes witnesses who have witnessed interactions between you and the accuser, photos, videos, scientific testing such as a psychological report and a medical test that is appropriate for what your are specifically accused of. Indeed, an experienced attorney will help guide you to gather all the necessary evidence.
Defenses To A Charge of Sexual Assault
There are three primary defenses that may be used to defend yourself against a charge for sexual assault: innocence, consent, and insanity. The innocence defense is where the defendant states they did not do the allegedly criminal action. In contrast, the consent defense is where a defendant does not deny having sexual relations with the accuser but asserts that the relations were consensual. For the insanity defense, a defendant may claim that a mental illness has prevented them from exercising moral judgement and did not see the act as a crime.
Contact Us
At The Law Office of Yifei He, PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.
Request your initial consultation by calling 1 (917) 338-7678 or sending us an online message today.