Allegations of sexual assault in Indiana can be very serious. Even being charged with a sex crime can carry a stigma that may lead the public to presume guilt, even before a trial is completed. This could be very damaging to a person’s personal and professional reputation. It is important to understand some defense arguments that could be presented against allegations of sexual assault.
One possible defense is innocence. If the accused was not at the scene of the alleged crime or if the crime was committed by a different individual, this may be a defense. To successfully argue innocence, there must be credible evidence supporting the fact that the accused was not with the alleged victim when the assault occurred. That is, the accused must have an “alibi.”
Another possible defense is consent. If the alleged victim agreed to engage in sexual acts with the accused, then the accused cannot be charged with a sex crime. However, it can be difficult to prove consent. It is often a “he-said, she-said” situation, and other tactics, such as using the alleged victim’s sexual past to show consent, can cause others to form a negative opinion of the accused. Moreover, minors cannot give consent to sexual acts.
These defenses may apply in some cases, but they may not apply in all cases. This is because each person’s situation is based on a unique set of facts. The law must be applied to the specific facts at issue, making individualized defense strategies a necessity. Our readers will want to seek the help necessary to understand how the law will apply to their case so that they can formulate an appropriate and sound defense strategy.