Defending against Indecent Assault Charges

by | Aug 26, 2015 | Sex Crimes

If you have been charged with or you are being investigated for a Sex Crime hire a lawyer who has experience Defending against Sex Crimes

Specifically, if you are being investigated for committing the crime of Indecent Assault, it is imperative that you retain the services of an experienced Indecent Assault Attorney. Before we analyze possible defenses to the crime of Indecent Assault, we must understand the elements that the government must prove beyond a reasonable doubt in order to obtain a conviction against the accused. (Related Defending against Corruption of Minors Charges)

Indecent Assault

In order to be found guilty of the crime of Indecent Assault,  the government must proof that there was not only indecent contact between the accused and the alleged victim, but that this indecent contact occurred

a) without the consent of the alleged victim; and

b) for the purpose of arousing sexual desire in either the accused or the complainant.

There are three main defenses to the charge of Indecent Assault:

The First Defense to this crime is that the indecent contact never occurred and that the alleged victim is lying about what happened between her and the accused. In order to be successful with these types of defenses, it is imperative that the defense tells the jury why the alleged victim made up the story about the indecent contact. Reasons or motives for the lies told by the alleged victim should be based on corroborating evidence and should not be based on conjecture or guesswork.

The Second defense against the charge of Indecent Assaultis that although there was touching between the two parties, the alleged victim consented to it. Evidence of consent can be the lack of a victim’s prompt complaint to law enforcement about the assault, the lack of injuries or bruising on the alleged victim, or the lack of witnesses or neighbors who heard screams for help from the alleged victim.

The Third Defense against Indecent Assault charges is that the touching occurred, but it was simply accidental and not done for the purpose of arousing sexual desire in either the accused or the complainant. An example of this could occur if the touching happened for a short duration of time or the accused didn’t say anything to the alleged victim when the touching occurred.

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