Criminal Defense LawyersCriminal Defense Lawyers Represent Both the Guilty and the Innocent. In the U.S. criminal justice system, a defendant is innocent until proven guilty. The prosecutor must prove a defendant's guilt. Defendants do not have to prove their innocence.
InnocenceSexual Assault Defenses: Innocence In a sexual assault case, the most basic defense is a claim of actual innocence. A defendant may argue that they could not have committed the crime because they were in a different location at the time the alleged crime took place.
An individual's identity can be obtained from sweat, skin, blood, tissue, hair, semen, mucus, saliva and almost any biological sample. The evidence collected at the crime scene and during the medical examination of the victim is crucial to obtaining DNA evidence that may identify the perpetrator.
What is the law in California? In California, statutory rape is defined as unlawful sex with a minor under 18 years of age. Unlike in many other states, non-consensual sex with someone who is mentally or physically incapacitated is considered rape in California, rather than statutory rape.
Three main defenses can be used to fight a rape charge: innocence, consent, and insanity. Innocence. An innocence claim is a fundamental defense for all crimes, including rape and sexual assault. The innocence defense is simply stating that the defendant did not do the allegedly criminal action.
Two elements are required for the consent defense: the defendant must consent knowingly (cannot be too young, mentally incompetent, or intoxicated) and voluntarily (cannot be forced, threatened, or tricked).