Getting consent is what separates consensual sexual activity from sexual assault. However, unlike other more tangible forms of evidence, it can oftentimes be very difficult to prove that consent did or didn’t exist when it comes to a case of sexual assault. After all, if an alleged victim claims that they did not give consent, it can be a very uphill battle to prove that this wasn’t actually the case in the moment. In today’s blog, we take a closer look at some of the ways a defense firm will work to prove that consent was given when defending an individual against a sexual assault claim.
Ways To Prove Consent
Consent is something you need to get every time you move forward with sexual relations. While it may not always need to be stated out loud, it needs to be clearly understood that both adult parties are consenting to the activities to follow. It’s also important to understand that just because consent was given once, it doesn’t mean you have consent the next time. Also, an encounter can start off consensual, but if one party changes their mind at any point and makes it clear that they would like the encounter to end, continuing on would constitute sexual assault.
Because consent can’t always be easily proved like other crimes, defense lawyers need to look for ways to showcase that consent was likely given at the time, even if the alleged victim claims after the fact that this was not the case. Some types of evidence they’ll look into when working to establish consent include:
Digital Records – Emails, text messages and voicemails may all be analyzed to help establish the idea that a sexual encounter was mutual. Even if these digital records are deleted off the device in question, your lawyer may be able to connect with phone companies, internet providers or other businesses to uncover messages that help paint a picture of what happened on the night in question.
Witness Testimony – Statements from friends, bartenders, bouncers, rideshare drivers or anyone else who witnessed interactions between the alleged victim and defendant can help to give credibility to one person’s version of events.
Physical Evidence – Sometimes physical evidence or an examination by a medical professional can help pain a clearer picture of what transpired.
If you find yourself facing sexual assault or rape allegations, there are two things you need to do. The first thing is to invoke your right to remain silent. While it’s possible that you may be able to talk your way out of a speeding ticket, sexual assault is a major crime, and you’re not going to be able to explain away allegations. The second thing you need to do is to contact an experienced sexual assault firm like the team at Appelman Law Firm. We know how severe the penalties can be and how lifechanging a conviction would be, so let us help you avoid a worst case scenario. Let us put up an aggressive defense and get you the justice you deserve.
For more information, or for help with a different criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
