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Defending against sexual assault charges in New Jersey

In a sexual assault case, there are multiple defenses that may be used to establish that no crime was committed. First, an individual may claim that he or she is fully innocent of the charge. This may be because he or she was somewhere else when the crime occurred or because DNA evidence proves that no sexual act occurred.

An individual may be able to present evidence such as plane tickets, dated photos or anything else that may prove this claim. In some cases, an individual may agree that sexual contact took place. However, he or she may argue that the contact was done with the consent of the other person. If applicable, a defendant may try to establish consent by recounting the events that led up to the alleged offense. When the victim is a child or incapacitated in any way, there is no defense against sexual assault.

Finally, it is possible for a defendant to claim a lack of mental capability for understanding what he or she did was a crime. If it can be established that an individual was unable to comprehend that what he or she did was against the law, it may result in an acquittal or a lenient sentence from a jury.

Whether a sex crime is labeled as a misdemeanor or a felony, it may be helpful to contact an attorney. If convicted, an individual may face jail time or probation. Furthermore, those convicted could face personal and professional ramifications. Therefore, it is may be useful to talk to an attorney who might be able to argue that no crime took place because consent was given or because the defendant was falsely accused.

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