Sexual assault is defined as sexual contact or intercourse that is unwanted. There is also a separate charge known as indecent assault. It is similar to sexual assault. For example, if a person puts their semen, urine or other bodily fluids on the victim in order to arouse them, then this can be consider indecent assault.
Possible Defenses Against Sexual Assault
Actual innocence is the best defense against sexual assault. The defendant can argue that it was impossible for them to commit the crime because they were at another place during the time the sexual assault occurred. However, they have to provide evidence to prove their innocence.
Here is an example of how a person can prove that they are innocent. The sexual assault occurred on January 5th in Philadelphia. However, it was impossible for the person to commit the assault because they were out of town on this day. They will have to provide evidence that they were out of town. They can use their hotel receipts and credit card bills to prove that they were traveling.
A defendant can also claim that they were mistaken for another person. They will have to provide evidence to prove that it was a cause of mistaken identity. DNA evidence can be used to prove that a person was not at the crime scene.
A defendant can admit to the crime that they have been accused of. However, they can argue that the sexual activity was consensual. It can be hard to prove that the act was consensual. Some defendants may use a person’s past sexual history to prove that the act was consensual. This is not something that will hold up in court. In fact, this can actually cause the jury to paint the defendant in a negative light.
Furthermore, it can be impossible to prove consent if the person is a minor or is mentally incapacitated.
Defendants who have been accused of sexual assault can argue that they lacked the mental capacity to commit the crime. It can be difficult to prove insanity in the court. However, people who are declared mentally insane are treated differently. If a person is mentally ill, then the attorney can argue that the defendant did not understand that the sexual contact was unwanted.
Penalties for Sexual Assault
Sexual assault is considered a lesser crime in the state of Pennsylvania. Rape is considered a first-degree felony whereas sexual assault is considered a second-degree felony. People who are accused of sexual assault can spend up to 10 years in jail. The court may also require that a person pay a fine. Additionally, if a person is mentally ill, then they may be required to get psychiatric treatment or counseling.
Indecent assault can be classified as a first or second-degree misdemeanor. People who are charged with indecent assault can spend up to five years in prison. However, if a person has multiple indecent assault charges, then this can be classified as a third-degree felony. They can spend up to seven years in prison. Anyone who is convicted of sexual assault will have to register as a sex offender.
Reasons to Hire Montgomery County Sexual Assault Lawyer
If you are accused of sexual assault, then it is best for you to contact an attorney. Sex crimes are one of the most harshly punished crimes there are. Not only will you be punished if you are convicted of sexual assault but you may not be able to get a job. An attorney will inform you of your rights and help you provide the best defense possible.