Call Today for a Consultation
with an Experienced Lawyer 518.380.6005

What is Your Best Defense to a Sexual Assault Charge?

Being accused of a sex offense is a frightening experience, especially when you consider the severe consequences of a conviction of a sexual assault charge. Sexual assault charges are some of the most serious criminal charges that an individual can face because of the long-term consequences of a conviction. However, even if you are not convicted of a crime, the mere accusation of sexual assault can have extremely negative consequences for your personal life and business career.

Learning about your legal rights and our options for defending against a sexual assault charge should be a top priority if you are charged or you are investigated for sexual assault. Dealing aggressively, decisively, and immediately with a sexual assault charge is the first step in developing an effective defense strategy to a criminal charge.

Begin Your Defense by Going on the Offense

Being charged with sexual assault may compel you to defend yourself when being questioned by the police. Your first defense to these criminal charges is going on the offense. Resist the urge to defend yourself to police officers, investigators, or prosecutors. Cooperating with law enforcement officers will not make the criminal charges go away.
In addition, explaining what “really happened” or trying to convince the police officers that you are innocent is very rarely an effective defense. In most cases, providing a statement or answering questions without consulting with a criminal attorney can hurt your defense.

When you are facing a sexual assault charge, you need to exercise your legal rights. Politely tell the police officers that you are exercising your constitutional right to have a lawyer present during questioning. Also, tell the police officers that you intend to exercise your constitutional right to remain silent until you consult with your lawyer. A law enforcement officer may attempt to convince you that you can help yourself by talking to the police. Politely but firmly assert your legal right to remain silent and consult with a lawyer as long as it takes to talk with a criminal defense attorney.

Doesn’t Asking for an Attorney Make Me Look Guilty?

A police officer will likely tell you that asking for an attorney makes you look guilty. The officer may say something like, “If you are innocent, then why do you need an attorney.” Rest assured, asking for your attorney and exercising your constitutional rights when facing a sexual assault charge reveals your intelligence rather than making you appear guilty.

What Are Common Defenses to Sexual Assault Charges?

Once you consult with a criminal defense attorney, the attorney will have you go over the details of your interaction with the alleged victim. The attorney conducts independent investigations to gather evidence and identify potential defenses to the sexual assault charge.

A common defense to a sexual assault charge is consent. Engaging in consensual sex is not sexual assault. Other potential defenses to sexual assault charges include mistaken identity, an alibi for the time of the alleged crime, mental incapacity, insanity, suppression of evidence, violation of legal rights, and actual innocence.
Contact the New York sex crime defense attorneys at Sacco Tyner if you are facing sexual assault charges. You and your criminal defense attorney work together to prepare the best defense strategy based on the facts and circumstances of your situation.

Posted in: Sex Crime