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Defenses to claims of sexual assault and rape

An accusation of sexual assault or rape is a very serious legal matter. Virginia residents who find themselves facing theses serious criminal charges are encouraged to take these allegations seriously and consult with criminal defense legal professionals as soon as possible to take immediate action to protect their rights and begin planning their defense strategies. As every criminal case is different it is not possible for readers to use this post as legal advice; consultation with attorneys is the best way for readers to receive case-specific help with their particular needs.

However, not every claim of sexual assault or rape will result in a conviction. In some cases an accused party may have one or more defenses available to them to use to overcome their charges and preserve their freedom. This post will discuss only a few defenses that exist to sex crime charges and its contents are not comprehensive of all possible defenses.

First, a person may overcome sex crime charges if they are truly innocent. Through DNA testing and other means a person may be able to refute a prosecutor's claims and find freedom through the fact that they did not commit the alleged crime.

Second, an individual may avoid conviction if they are able to show that the alleged victim consented to whatever actions the alleged perpetrator committed. Sex crimes are generally based off of forcibly engaging in sexual contact with another person against their will; if the alleged victim consented to the alleged crime then the act would likely not be seen as against their will.

Finally, and though it may not always result in an alleged perpetrator gaining complete freedom, a person may claim that insanity made them commit the alleged sexual criminal act. These three defenses are not available to all people in all cases and it is imperative that people confronted with sex crime charges seek the legal help they need.

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