Being charged with a sex crime can leave you scrambling for ways to present a defense. A sex crimes attorney, however, will usually encourage a client to consider one of the following four defenses so let's take a look at how each one might work.

1. Nothing Happened

It's wise to avoid putting this argument out there unless you're 100% sure that nothing happened. From the perspective of a sex crimes attorney, the problem with this defense largely hinges on its affirmative nature. If the prosecution can prove something happened, it becomes difficult for a defendant to continue making this assertion. Shifting to a different defense can look bad, too.

2. You Weren't Involved

This defense usually works best when it can be backed up by evidence. For example, a sex crimes attorney might introduce cellphone records, social media postings, photos, and videos that demonstrate that you were somewhere else at the time of the alleged incident. A sex crimes attorney might also introduce evidence like receipts, toll booth surveillance, and ATM videos.

Similarly, testimony from witnesses may add to your claims that you weren't involved. For example, a convenience store clerk who remembers seeing you at the time might attest under oath that you were at their business.

3. Mistaken Identity

People get details wrong, especially in cases where the victim and defendant don't know each other well or at all. The defense may try to show that the accuser wasn't able to identify the defendant clearly from a lineup. Also, a case might hinge on slight prompts from the police in how they presented lineup cards to the victim.

It's not unusual for defenses of this type to be built up through the discovery process. That's when the police have to turn over all evidence they have, including information about lab tests, interviews, collection of items, and the chain of custody.

4. Consent

This defense has the potential to be a tricky one because proving consent can be challenging. Likewise, there are some sex crimes, particularly statutory rape, that are still illegal even if both parties were fully consenting. To assert that consent was ongoing, a sex crimes lawyer might present texts that show the alleged victim's mood after the time in question. An enthusiastic statement might be used to refute claims that the sexual encounter was non-consensual. Photos from the time around the incident may also be used to show the mood of the alleged defendant and victim.

Learn more about your legal options by contacting a sex crimes attorney.