When charged with a sexual offense, defendants should expect the prosecution to raise the point of consent. If the alleged victim did not consent to the desired actions of the defense, they could be charged with a sex-related crime. However, it is important to investigate the full role of consent in West Palm Beach sex crime charges and how it may be leveraged in your favor.
To learn more about consent laws, schedule a consultation with one of our knowledgeable attorneys at Leifert & Leifert for more insight.
What is the Legal Definition of Consent?
Consent occurs when one person voluntarily agrees to the proposal or desires of another person. However, a person with a mental disorder, a low mental age, or under the age of sexual consent can willingly engage in a sexual act, but still fail to meet legal threshold for consent because they are not legally capable of giving consent. As a result, they cannot voluntarily agree if they do not have the mental ability or legal age to understand what is going on.
Can the Defense Use Legal Consent as a Defense Strategy?
A criminal defense attorney can use legal consent as a defense strategy, but they want to be able to have the physical evidence to show that it was consensual. If there is bruising, cuts, tearing, or trauma to the genitalia of the accused victim, it is going to be hard to say that it was consensual. Unless they say or can show that that is the type of activity that these two people are engaged in, consent would be hard to prove.
How do Drugs and Alcohol Impact Consent?
When drugs and alcohol are involved in a case, consent would most likely be impacted. For example, if a person was drugged and sexually assault, they would not be able to give consent since they are involuntary intoxicated. However, if they were out drinking and found themselves engaging in a sexual activity with another person, it may be hard prove whether they did or did not give consent since drugs and alcohol can cloud a person’s judgement and their ability to remember.
What if Both Parties Were Under the Influence?
If both the alleged victim and the alleged attacker were under the influence of drugs and/or alcohol, it would be difficult to rely on their recollection as to what happened. Since the memories of both parties would be clouded, key details may be missing from the alleged events that transpired. As a result, the credibility of their testimony would be damages.
Importance of Retaining Legal Assistance
One of the benefits of retaining legal assistance for defending sex-related charges involving consent is that you would be better equipped to defend yourself against arguing challenging the role of consent in West Palm Beach sex crime charges. With one of our experienced attorneys at Leifert & Leifert, you may be better equipped to challenge the arguments of the prostitution, potentially being able to render a result in your favor. To gets started, call today to schedule a consultation.