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Proven Defense Strategies From an Experienced Sexual Assault Lawyer

The Law Firm of Andrea M. Kolski

Being accused of sexual assault is one of the most serious crimes there is. How you respond to these allegations will define the next several years of your life.

If you make the wrong choice or say the wrong things, the prison will be your new home.

Don’t gamble on your future, learn these proven defense strategies from an experienced sexual assault lawyer.

Sexual assault can only be charged if prosecutors have reason to believe a person committed sexual acts without consent. Naturally, an accused person wants to show there was mutual consent amongst all parties.

Depending on the circumstances, there may be repeated levels of consent required. If you are engaged in mutual kissing, consent is usually required to progress to intercourse.

If both parties are extremely inebriated, consent might not be given or received.

The best path is to provide evidence that shows consent. Maybe the other party sent text messages or made comments around other people about the sexual activity between you two.

If you’re lucky, there may be security camera footage before the events in question that show a person was more than willing to engage in sex acts.

Don’t let your case hinge on a “he said, she said” argument. This more or less turns into a court case about reliability and character, not evidence.

Ulterior Motives

Do you know if the person accusing you might have an ulterior motive?

If you are particularly wealthy and the accusing party is struggling financially, they have a motive to eventually pursuit you in civil court for a big settlement. This might be the case if they have a concept of your net worth.

Think about situations or threats they may have made in the past about paying bills for them, buying gifts, or taking expensive vacations. If you said no, this may have angered them.

Remember, you may have to face a criminal court and civil court for this ordeal. You could be facing prison time and paying a settlement.

Another common ulterior motive is jealousy. Is this person jealous of the life you have? Did you recently rebuff sexual advances? There is no limit to ulterior motives.

Spend time writing down possible motives a person may have to see you go to prison. The pain of incarceration is bad, but the reputation is brings can be worse.

Later Regret

It’s not common for someone to regret engaging in sexual activities with another person. This can be due to shame, embarrassment, or fear of retribution from another party.

You might be under the impression the other person had a great time and thoroughly wanted to have sex.

Outside of obvious statements or gestures, it can be extremely difficult to decipher whether someone is enjoying their time or not. Regardless, someone changing their mind about the encounter doesn’t constitute sexual assault.

If at anytime a person shows hesitation, always double-check to see if they really want sexual activity. 

Mental Capacity

In some situations, a person may not understand the severity of unwanted sexual activities. This could be due to a mental disorder, limited intelligence, or side-effects from dugs.

Check your local and state laws for their definition and limits of mental capacity- or insanity. An insanity defense will release you of all criminal liability against the accuser.

Proper Actions to Take

To be able to use one of these defenses, you need to take the proper actions first. They could literally save your life.

Hire a Lawyer

Even before charges are filed, hiring a skilled lawyer now helps you build your defense now.

In fact, an attorney can run something called “interference” before files are charged. Interference is when a lawyer speaks with police and prosecutors proclaiming your innocence and giving your alibi.

Lawyers are particularly skilled in persuasion and giving convincing reasons not to file charges.

The lawyer you hire can instruct you on what to do and what to say. They will keep you protected from making mistakes or putting yourself in trouble.

Do Not Speak With Authorities

Police and detectives will reach out to get statements from you. They will even try to be your friend by asking for your side of the story. 

The police have no interest in your side and will only use information against you.

If you feel the need to talk to authorities, only do it with your lawyer present. But it’s likely your legal representation will advise you to be quiet.

Build a War Chest

Legal defense is expensive, especially in a sexual assault case. Start liquidating any financial assets you have. 

You may have to borrow money from relatives or take out home equity loans. At worse, you’ll need to get a second job to help pay for your defense team.

Some of your expenses include the following:

  • Independent DNA testing
  • Private investigators
  • Expert witnesses
  • Additional attorneys

Each of these additional expenses can cost anywhere from $1,000 to $10,000 depending on the time and demand.

Gather Evidence

While a lawyer will do a lot of the heavy lifting, gathering evidence will make their job easier. Collect anything and everything pertaining to the case. 

Items like receipts, parking tickets, text messages, voicemails, social media posts, and statements from friends can help secure your innocence. Always consult with your lawyer about who you can speak with.

Strategy Against Sexual Assault Allegations

A sexual assault conviction will ruin your life. You’ll go to prison, be branded a sex offender, and struggle to find employment for life.

It’s crucial and imperative to employ a defense that ensures your freedom.

If you’re looking for competent representation that will fight for you, contact us today.

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8505 Technology Forest Pl #104

The Woodlands, TX 77381

Phone: 832-381-3430

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