If you have been charged with a sex crime, one of your first defenses might be to opt for consent as a criminal defense. Are you interested in using consent as a defense? This guide will help you determine your next steps.
What Is Consent?
First, you need to understand the basic premise of consent. When somebody consents to something, they agree to it. If somebody consents to legal sexual activity, it is not a crime.
What Are Exceptions to Consent?
Keep in mind that there are exceptions. For instance, minors do not have the legal right to consent to sexual activity. Additionally, their parents cannot provide consent on their behalf. In some cases, this is considered statutory rape and may come with different consequences than other types of sexual assault crimes.
Additionally, individuals who are deemed mentally incompetent due to mental disorder or intoxication are also unable to consent to sexual activity. Often, intoxication is used as a way to take advantage of men and women who would not otherwise consent to sexual activity. Even if you did not provide the individual with drugs or alcohol, you can be convicted of the crime.
Finally, it is important to consider that consent must be given voluntarily. It may not be obtained via force or intimidation. For example, you cannot say that an individual consented after you threatened to release nude pictures of them.
How Can You Establish Consent?
In order to use consent as a defense, you need to find ways to prove that consent was involved in the act. Additionally, you must demonstrate that the individual who consented was able to do so freely and without intimidation. You have to back up your statements to use consent as a solid defense.
Ultimately, each case is different. You might be able to use text messages and phone records as a way to show the accuser's state of mind before, during, and after an encounter. In some cases, medical evidence can be used as evidence that force was not involved, however, this may not necessarily prove that an individual consented to sexual acts.
What Should You Do Next?
In order to establish a strong defense against sexually related offenses, you need to hire a strong criminal defense attorney or sex crimes attorney. Consent is very difficult to prove, and a professional may be the strongest approach to the case. Consult with an attorney today to learn more about your options for defense.
Share15 July 2020
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