Sexual Assault Defenses

There are three normal defenses if you are accused of rape or sexual assault. First, you are innocent, which is the basic defense with every crime. It has substance if you have an alibi. When using the alibi defense, you assert you were somewhere else when the crime happened, and witnesses back you up. Other evidence can include security camera videos, store receipts, or GPS data from your phone or car. You can also claim the victim falsely identified you or that the victim is lying. Finally, DNA evidence can also establish your innocence.

Consent is often used as a defense against rape charges. For example, the defendant admits to having sex with the victim but maintains it was consensual. In that case, your attorney needs to establish mutual consent with the act. However, if the victim is under 16 years of age or has a mental illness, consent cannot be used as a defense because minors and those who are mentally ill cannot give consent legally.

Insanity can be used as a defense. It needs to be established that the defendant was mentally ill, had a mental defect at the time of the alleged crime, and did not comprehend the severity or consequences of their actions. In other words, they didn’t know right from wrong. However, even if they were found not guilty by reason of insanity, they can still be committed to an institution indefinitely.

Contact The Big Man Right Away

If you are charged with a rape or sexual assault, contact The Big Man, Attorney Joey Franks at the Franks Law Firm in Jackson MS. He is a sexual assault defense lawyer in Jackson MS who will study your arrest record and leave no stone unturned in finding out what happened. He’s not afraid to go to court and face a judge and district attorney.