When a sex crime investigation is underway, anyone suspected of sexual assault charges in Oklahoma must hire an experienced rape defense attorney. Unfortunately, numerous wrongfully criminal defenses are found guilty of sexual assaults in Oklahoma. An adept sex crimes defense lawyer knows how to safeguard your legal rights. Because every sexual assault in Oklahoma is unique, a skilled rape defense attorney must carefully analyze and scrutinize every claim, deed, and circumstance made by the accuser.
Even though it’s hard to imagine, people frequently accuse others of committing sexual assault in Oklahoma when they haven’t. Analyzing the accuser’s intent is one of the key aspects of developing a strong criminal defense.
The skilled rape defense attorney works with specialist analysts and uses research tools to unearth relevant information that can shed light on the accuser’s intentions and provide the best criminal defenses for sexual assault charges in Oklahoma. Here are some criminal defenses to use for sexual assault charges in Oklahoma by a rape defense attorney:
Innocence
The most fundamental criminal defense in a sexual assault charge in Oklahoma prosecution is a declaration of true innocence. A rape defense attorney may contend that they couldn’t have committed it because their accused were somewhere else when the alleged crime was done. This is referred to as providing an “alibi.” A rape defense attorney must present convincing proof indicating they were not present when the sexual assault in Oklahoma was committed to establishing a successful defense based on an alibi.
For instance, if an individual is charged with sexual assault stemming from events in New York on March 1, they may be able to convince the judge that they were, in fact, in Los Angeles at the time. Typically, hotel bills, airline tickets, credit card statements, and witness testimony would be included in the evidence submitted to the court by a rape defense attorney to provide criminal defense for sexual assault charges in Oklahoma.
Consent
A rape defense attorney in sexual assault charges in Oklahoma occasionally acknowledges the alleged activities while continuing to insist that the victim’s permission disproves the accusations. The sexual activity must occur against the claimed victim’s will as one of the components of sexual assault. Therefore, there is a strong criminal defense to the accusations of sexual assault if the defendant can show that the victim gave her agreement to the sexual contact.
For the rape defense attorney, proving permission may be challenging and even contentious. Defendants frequently cannot directly demonstrate consent without testifying in court and being subjected to cross-examination. In the past, the rape defense attorney would try to establish that the victim permitted the sexual acts by referencing the victim’s prior sexual history. This could occasionally boomerang with a jury and reflect poorly on the defendant. These days, most judges frequently do not permit this strategy, and it is no longer popular in the courts. Legally, consent is not always possible. It is difficult for the victim to consent when the victim is a minor, handicapped, or mentally ill and unable to appreciate the sexual nature of the action.
Misidentification
Defendants may also contend that they were mistakenly identified as the offender by the victim. Rape defense attorneys can refute eyewitness testimony by pointing to inconsistencies. They may also attempt to suppress improperly obtained identification evidence. Rape defense attorneys can, for instance, contest police lineups and photobook practices that were carried out in a way that “tipped” a witness into selecting a person or mug shot.
If DNA evidence is present, it can precisely and dependably prove if a defendant was there when the crime was committed. The prosecution’s responsibility is to establish the defendant’s guilt beyond a reasonable doubt. A jury should find the defendant not guilty of the sexual assault charges in Oklahoma if they can establish a reasonable doubt about whether they committed the crime as a criminal defense.
Mental Incapacity
Sometimes, defendants in sexual assault charges in Oklahoma will assert that they were suffering from a mental illness or defect at the time of the crime, which should absolve them of criminal responsibility as a criminal defense. The insanity defense is applied in various ways depending on the state. If it can be proven that the offender’s mental illness or defect stopped them from appreciating the criminality of their actions, most jurisdictions will punish them more leniently. Therefore, the rape defense attorney may show a strong case for mental incapacity if a mentally challenged person cannot fully comprehend what they were up to at the time of a sexual assault charge in Oklahoma.
Lack of Criminal Record
While this is not a defense in and of itself, the jury may see the defendant’s character more favorably if they are unaware of any prior criminal convictions for sexual assault charges in Oklahoma. Other testimony or evidence, such as a defendant’s reputation, a stellar academic record, and general community support, can persuade a jury that the defendant is a morally upright person as a valid criminal defense.
Child Custody Context
One parent commonly makes allegations and sexual assault charges in Oklahoma against the other parent of inappropriate sexual activity during contentious custody disputes. A parent may lose their rights due to such an allegation. The rape defense attorney will try to show that the child custody issue was the driving force behind the fraudulent accusation if it is an unsubstantiated or false allegation, which can be used as a valid criminal defense for sexual assault charges in Oklahoma.
Conclusion
A rape defense attorney can effectively use the above-mentioned criminal defenses for sexual assault charges in Oklahoma as valid points. However, great investigation and preparation are required to prove such criminal defenses for sexual assault charges in Oklahoma. If you require a professional and skilled rape defense attorney to use the best criminal defenses for sexual assault in Oklahoma.
