Why “consent” is critical to a sexual assault defense

March 30, 2022 3:45 pm
Written by admingl
Categories: Brevard County FL | Crimes | Criminal Defense | Drugs | Legal Advice | Practice Areas | Sex Crimes

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.

Tags: Alcohol, Cape Canaveral FL, Consent, Rape, Sexual Assault

Categorized in: Brevard County FL, Crimes, Criminal Defense, Drugs, Legal Advice, Practice Areas, Sex Crimes

This post was written by: admingl

Brevard County, Florida Lawyer

Many of the clients that we represent for criminal charges in Brevard County have no prior criminal record. Certain professions require special state or federal certification such as doctors, lawyers, nurses, private and public school teachers, state and federal law enforcement officers and members of the military. Individuals in these professions face special challenges after an arrest and prosecution.

Even if the charges are ultimately dropped, those indirect consequences can have a huge impact on the individual's career and future employment opportunities. Similar problems impact individuals working as defense contractors or who are required to carry a firearm or use a concealed weapons permit for their employment.

Even high school and college students can face serious immediate consequences to their education after an arrest or criminal accusation. Our criminal defense attorneys work with these individuals to minimize both the direct and indirect consequences of an arrest and prosecution. We work with clients throughout Palm Bay, Rockledge, Titusville, Cocoa, West Melbourne, Indian Harbour Beach, and nearby areas.

The Florida criminal defense team at Germain Legal will zealously fight for their clients. We take an aggressive approach coupled with a meticulous attention to detail. We believe that by filing and litigating all viable motions we can often negotiate a better resolutions to the case or force the prosecutor to drop the charges. Florida law provides for important protections by filing motions to exclude evidence, motions to suppress statements, and motions to dismiss criminal charges.