Defenses Against Sex Offenses

Sex offenses are often controversial, and as such, they are often exaggerated and misunderstood. This can result into unwarranted sex offense charges. But it is a good thing that, according to the website of the Flaherty Defense Firm, these charges can be defended.

Below are some of the most common defenses against sex charges, especially on unwarranted ones.

Proof of Sexual Contact

Sex offenses mainly have two parts. First, there has been sexual contact. Second, the sexual contact is non-consensual, malicious, or has the intend to offend or satisfy the sexual gratification of someone. If one of these parts can be proven wrong, the defendant may win the case.

One common defensive approach is to question the first part – the sexual contact. There should be proof that there is sexual activity between the parties, and this proof may come in many forms, such as photos and videos, eye witnesses, DNA tests, and others.

Proof of Consent

The second part of a sex offense can also be attacked – the sexual contact being non-consensual. This can be achieved by proving that the sexual activity has involved the consent of either party. Proof can come in various forms, such as text messages, voice calls, photos, among others.

But consent can also be a tricky defense. There are instances where the victim may not be legally allowed to give consent yet, like when he or she is underage or intoxicated. A good defense against these cases is the victim’s malicious intent to deceive the suspected sexual offender, like when the victim has intentionally lied regarding his or her age just to engage in sexual activity.

Penalties

Different sexual offenses have different penalties, and these may vary depending on the nature of the sexual offense, the victim’s condition, and the alleged suspect’s use of force, threat, or intimidation. But usually, sexual offenses result into substantial fines, considerable prison time, and registration to the sex offender registry. These can be particularly worse if the victim is a child.

However, according to the website of the Law Offices of Mark T. Lassiter, individuals who have not been found guilty or have been acquitted of an offense may be able to permanently remove the charge on their records. This is called expunction.

This is because a unnecessarily tarnished record may have negative consequences in life, including employment discrimination.

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