Common Defenses Used to Combat Sex Crime Charges

Sex crime charges are some of the most serious and sensitive criminal charges you can face. They frequently carry severe criminal and reputational consequences, including lengthy prison sentences and lifetime sex offender registration requirements.

If you’re accused of a sex crime, you’ll undoubtedly need a strong legal defense to combat these charges and protect your rights.

There are several defenses that your criminal defense attorney may use to create reasonable doubt and ultimately secure a favorable outcome of your case.

Each criminal case is unique, and the viability of any particular defense will depend on the specific facts and circumstances surrounding the charges.

Innocence

Innocence is a commonly asserted defense in sex crime cases. Essentially, when you plead innocent, your attorney seeks to refute the prosecution's allegations by arguing you didn’t commit the alleged offense.

Your attorney may present evidence that directly contradicts the prosecution's case, such as alibis, witnesses or forensic evidence. Many attorneys will build their case on attacking the credibility of the prosecution's witnesses, such as by demonstrating inconsistencies in their statements or pointing out potential biases or conflicts of interest.

Attorneys may also call upon character witnesses—people who know the defendant and can speak to their positive traits, such as honesty, trustworthiness and moral character.

If successful, an innocence defense can lead to a complete dismissal of your charges or an acquittal at trial. However, claiming the offense didn’t happen can be difficult to prove and requires a skilled and experienced criminal defense attorney to be successful.

Consent

Consent is a critical element in any sexual encounter. It refers to the explicit agreement or permission given by a person to engage in sexual activity. In Arizona, as in most jurisdictions, consent is a crucial factor in determining whether or not a sexual assault occurred.

However, even if the defendant can prove the victim gave their consent, it may not be a defense in some circumstances. For example, under Arizona law a person cannot give consent if they’re under 18 or if they’re mentally or physically incapable of understanding the nature and consequences of the sexual activity.

The primary defense in cases involving minors is that the minor either actively misled the defendant about their age or the defendant was also a minor at the time.

False Claims

False claims or false accusations can be used as a legal defense when the alleged victim is lying and has fabricated the accusations to damage the defendant's reputation, obtain financial gain or for some other ulterior motive.

Technically, the burden of proof is on the prosecution, but it doesn’t always feel that way to defendants in sexual assault cases. False claims of sexual assault can be difficult to disprove if a victim claims they did not consent and has evidence a sexual act occurred, and there is frequently a societal bias that assumes the victim is telling the truth.

To disprove the accusations, the defendant must present credible evidence that the alleged victim consented and is now making a false claim (or that no sexual interaction occurred). This may include evidence of inconsistencies in the victim's story, witness statements and written communication that contradict the victim's account or proof that the defendant was not present at the time of the alleged offense.

Lack of Evidence

A criminal defense lawyer can argue there is insufficient evidence to prove that their client committed the alleged offense beyond a reasonable doubt.

To prove that a defendant committed a sex crime, the prosecution must present sufficient evidence to convince a judge or jury that the defendant is guilty beyond a reasonable doubt. This can include physical evidence like rape kit results, medical records proving physical signs of force, as well as eyewitness testimony and circumstantial evidence like phone records between the defendant and the victim.

The lack of physical evidence, like DNA or forensic evidence, can be a significant hurdle for the prosecution to overcome. Additionally, in some cases, there may be no eyewitnesses to the alleged offense, or the testimony of the witnesses may be unreliable or contradictory.

Mistaken Identity

Mistaken identity is a rare defense, but it could be potentially used to combat sex crime charges. As the name implies, the defendant claims they’re not the person who committed the alleged offense and that the victim has mistaken their identity.

Mistaken identity can be a viable defense in cases where the victim has misidentified the defendant due to factors such as poor lighting, a fleeting glimpse of the perpetrator or a similar appearance to another person. In some cases, the victim may have identified the wrong person due to a faulty memory or psychological factors, such as intoxication, suggestion or manipulation.

To successfully mount a mistaken identity defense, the defendant must provide evidence they weren’t present at the scene of the crime or that they have an alibi for the time of the alleged offense. The defense may also present evidence like eyewitness testimony or physical evidence to support their claim that they’re not the person who committed the offense.

Are You Facing a Sex Crime Charge in Phoenix?

If you’re facing a sex crime charge, you need legal representation from a skilled criminal defense attorney.

Board-certified criminal defense attorney Michael Alarid, III can help you understand the charges against you, the potential consequences and your legal options. He’ll work tirelessly to build a strong defense strategy and ensure your rights and interests are protected from the beginning of your case.

To discuss your case with us, reach out to our Phoenix law office by calling 602.818.3110.