Why “consent” is critical to a sexual assault defense

Why “consent” is critical to a sexual assault defense

Proof of consent for sex given by the alleged victim can form the basis of justification for criminal defense of sexual assault charges.

Consent is one of the most commonly utilized defense strategies for alleged perpetrators facing criminal charges in Cape Canaveral and other cities throughout Brevard County, FL.

For example, in the case of rape, lack of consent is a criminal element that must be proven beyond a reasonable doubt. Considering the lifelong implications and stigma of a sexual assault charge, this defense may offer a path towards clearing your good name.

Of importance, is that consent must be given by someone who is competent to authorize such conduct. For example, someone with a mental disability, who is under the influence of drugs or alcohol, or who was threatened or who felt threatened by the potential for violence, force, or who was coerced or tricked cannot give lawful consent for engaging in sexual acts.

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