Question: What are some potential defenses for a sexual assault charge?

Answer: Most types of sexual assaults involve basically an allegation of either intercourse or touching another person and that what you did was without consent or without permission. So that means that your basic defenses would fall into one of two categories: either you’re saying that the act, the sexual act, never happened; or you’re saying yeah, it did happen, but you’re arguing that there was consent and that for some reason this person is mistaken or lying or that there’s some other explanation.

Of course, this is extremely basic and there are lots of other ways of challenging these types of charges and there’s lots of other ways of addressing these. And within these very basic defenses, there are lots of variations and technicalities and it, obviously, gets very complicated. What’s very important is you don’t go into a case with a crystal clear idea of what your defense is; you need to go into a case with an open mind, talk to your attorney, make sure your attorney is able to gather all of the information, talk to all of the witnesses and then sit down and make a decision about how you’re going to present your defense.

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