How a Criminal Attorney Can Help in a Sexual Assault Case

Sexual assault is an incredibly serious allegation that gets thrown around a lot these days. Many people across the world are serving time for a particular type of sexual assault even though they have not committed the crime.

In the majority of these cases, the supposed victims are female, and the alleged criminals are male. In society, many people very easily believe the females when they point the finger at any man. It becomes even worse if the guy is big and strong. So the chances of proving your innocence can be very difficult if the judge or jury starts to immediately think you did something even before the opening statements.

If you want even a chance to prove your innocence when you are accused of sexual assault, you need to act fast. Find the Los Angeles criminal lawyer who believes in your innocence and is fully equipped to win your case.

But before you consult with a lawyer, learn more about sexual assault.

What Is Sexual Assault?

Sexual assault can be quite a confusing term because it seems entirely vague. It could be referring to a large number of crimes, ranging from minor to major. The truth is that the definition of sexual assault can actually be different at every state and federal level.

However, the general concept of sexual assault is the unwanted or offensive touching sexually by one person to another. Both the people can be of any gender.

Depending on the governing laws, sexual assault can typically include the following:

● Attempted rape
● Sexual contact through direct skin to skin contact or over the clothing or gear worn by either or both parties. That can include fondling or groping.
● Battery or assault. This can involve the attempt to strike, actually striking, threatening, or instilling fear. It should have a sexual relation.

What about Other Sex Crimes?

By reading the above, you might've understood that sexual assault doesn't always include more serious crimes. The sex crimes are generally defined by the severity, whether it was one-time or happened repeatedly, and also if it actually happened or it was an attempt.

If it's something like threatening death, kidnapping, severe bodily harm, or actual rape, then the charge against you will be aggravated sexual assault. Also, the charge is different if the supposed victim is a minor. If the crime was repeated and certain other requirements are met, then it could fall under sexual abuse.

Sexual assault will either be a felony or a misdemeanor charge. Where the former crime will result in more severe punishment if you are convicted. Also, severe or aggravated sex crimes can automatically mean a felony.

Whatever the charge against you may be, the right criminal lawyer can definitely help you prove your innocence.

Will You Be Prosecuted In The State Or The Federal Court?

It goes without even saying, but all the 50 states and the federal law prohibit sexual assault. States only handle the cases that meet the rules established within their jurisdiction. The more severe cases can sometimes meet federal sex crime laws. If they do, then they can result in some of the harshest punishments if the defendant is convicted.

While it entirely depends on the specifics of your case, you could be tried at either state or federal level. However, if you have violated some federal sex crime laws, then you have most definitely broken some sex crime laws in your state as well.

The United States Supreme Court has given a ruling that can allow both, federal and state, courts to try an alleged criminal for different violations. They can both also punish according to their laws if the defendant is convicted.

What Comes Under Federal Sexual Assault?

In general, federal laws define sexual assault as any type of sexual contact or behavior that one person performs on another without having their explicit consent. It generally involves actions such as forced sodomy, sexual fondling, forced sexual intercourse, attempted rape, incest, and child molestation.

Depending on the case against you, the punishment, if convicted for sexual assault, at a federal level can range from fines to imprisonment. Also, you will be added in the national sex offender's registry if you are convicted at a federal level. That means you are marked as a sex offender for life, and anyone in the country can find out that you have been convicted of a particular or multiple sex crimes.

If you are convicted and get registered as a sex offender, your life will become incredibly challenging after you do time in prison. Whether it's about finding a job, renting a place to live, or something else, you will have to face quite a lot of trouble.

Having your name on the national sex offender's registry can also keep you from visiting some public places, especially parks. Also, it can keep you from living or even traveling near schools.

What Does Sexual Assault Mean In California?

The Penal Code of California has a less strict definition of the term sexual assault if you compare it with the federal laws.

The California law prohibits any individual from touching the intimate or private parts of another individual without their consent or in an unwanted manner. The intimate parts don't only include the sexual organs but also the groin, anus, buttocks, and breasts. The gender of the individuals doesn’t matter.

In the state of California, a sexual assault charge is also sometimes known as sexual battery.

What Techniques Could The Prosecution Use To Prove Sexual Assault?

When it comes to criminal cases, the prosecution needs to prove that the defendant did commit the crime. To do that, they may use several techniques. If you are facing sexual assault charges, then it might be useful for you to learn a little about the elements that a prosecutor will need to prove in court.

1. The defendant touched the victim without consent

The primary element that the prosecutor may need to prove is that you touched the alleged victim against their will or that the alleged victim did not give their consent.

2. The defendant touched the intimate parts of the victim while restraining them alone or with someone else's help.

This is where it can be tricky sometimes. The prosecutor will need to prove that you were holding the victim down somehow or restraining them either by yourself with someone's help. If they say you had help, then there will definitely be another defendant in court. Also, the touching can be direct skin contact or the intimate areas on the clothes or some kind of gear.

3. The defendant touched the supposed victim for sexual gratification, sexual arousal, or sexual abuse without their consent.

This would mean that the touching that occurred led to some form of sexual activity or done in a sexual manner. The prosecution will have a hard time proving this unless they can provide medical reports, produce witnesses, or have recorded footage, among other things.

How Will A Criminal Lawyer Defend You Against Sexual Assault Charges?

If you have found an experienced and qualified criminal lawyer to help you out, they will first properly assess your case before thinking of a strategy. Any good lawyer will evaluate the merit of common types of defenses used to fight the kind of charges you are facing.

While the exact type of defense your lawyer will take does depend on the charges and facts, you can go over some of the common ones below to get an idea.

Consent

Since the prosecution needs to prove that the crime was committed without the alleged victim's consent beyond a reasonable doubt, your criminal lawyer may cast doubt to suggest that the sexual contact didn't violate the victim's permission.

Consent is hard to prove because there is rarely any physical or tangible evidence. But it can be a horrible defense if you have been charged with sex crimes in the past. Also, if the alleged victim has a history with sexual situations, bring them up and slandering their name has not proven to do well with the jury or judge.

This defense also doesn't do well if the alleged victim is a minor or either mentally or physically incapable of providing consent.

Victim Motivated

Your defense lawyer may uncover facts to discredit the alleged victim. That means your lawyer might say that the alleged victim or your accuser is lying about something by bringing up some facts.

For instance, your lawyer might show that the alleged victim is withholding some or most of the information to hide the fact that they did consent. Your lawyer could also show that you and your accuser are not strangers at all, and they might be doing all of this as an act of revenge. Sometimes it can even be extreme and your lawyer might prove that the alleged victim is being forced or influenced by someone else to accuse you of sexual assault.