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Sexual assault and the legal process in California

If an individual is charged with a sex crime, he or she has three options to dispute the case. The first option may be to argue that a crime did not occur because the victim was not forced to commit or engage in sexual activity. An individual may also claim that he or she was not aware that a crime was being committed because of insanity or mental defect.

Those charged with sexual assault may also decide to claim that they are completely innocent. This means that the defendant claims that he or she has an alibi for when the event took place. Almost anything that places a defendant away from the scene of a crime may be admitted to establish innocence. While it may be possible to prove that a person is innocent or suffers from mental impairment, proving that consensual sexual activity occurred may be more difficult. To do so, it may be necessary to talk about the plaintiff's sexual history.

This is a controversial tactic that may not work with a jury. In addition, it may not be possible to offer any defense if sexual assault involved a minor. This is referred to as strict liability, which means the defendant is responsible for his or her actions regardless of any context or factors in the case.

Those who are charged with sexual assault or any other sex crime may wish to talk with an criminal defense attorney. An attorney may be able to offer a defense to the charge, such as casting doubt upon physical evidence or witness testimony to the crime. It may also be possible to establish that an individual had never seen or interacted with the plaintiff, which means he or she could not have committed the crime in question.

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