What Are the Best Defenses in Sexual Assault Cases?

by Ambrosio Rodriguez | Jul 17, 2023 | Sex Crimes

Sexual assault allegations can have lasting ramifications that threaten your life, reputation, and career. For this reason, it’s vital that those accused investigate all potential legal defense strategies thoroughly in order to form a solid response. An attorney can help significantly in this endeavor, but it would still be helpful for you to know some of the most common legal defenses in the meantime.


One of the primary defenses used against sexual assault allegations is consent, meaning all parties involved gave their voluntary agreement for sexual activity to happen. It should be noted, however, that intoxication or incapacitation can compromise this defense.

Mistaken Identity

Sometimes, the defense of mistaken identity can be raised, and defendants can take issue with law enforcement’s identification processes. For example, if you were picked out of a lineup, you and your attorney may argue that it was biased or suggestive, potentially resulting in misidentification thus raising reasonable doubt about guilt. This is generally only applicable when the alleged victim claims not to know their alleged attacker personally.

Lack of Physical Evidence

In some cases, there might not be enough physical evidence to support the charges. For example, the absence of conclusive DNA samples or lack of signs indicating forced contact raises doubts about whether a crime was committed at all.

Of course, there doesn’t have to be physical evidence for someone to be convicted of sexual assault, but the lack of it can certainly help a defendant.


Another defense against sexual assault charges is to create reasonable doubt by presenting an alibi. This involves establishing that you were somewhere else when the crime allegedly occurred and therefore you could not have been involved in the incident.

To be successful, evidence is necessary, like surveillance footage or witness testimonies corroborating that you were somewhere else.

False Accusations

False accusations is another defense that can be raised against sexual assault allegations. This approach works by discrediting the alleged victim’s claims or challenging their credibility.

To succeed with this defense, it’s important to show motive for the allegations. For example, the alleged victim and the defendant are in the midst of a divorce or custody battle and the accuser is trying to make the defendant look bad.

This can include leveraging digital evidence like texts, emails, or even social media posts. This type of electronic data can provide substantial insight into interactions between involved parties and can sometimes yield inconsistencies with statements made by accusers.

Do’s and Dont’s When Accused of Sexual Assault

If you have been arrested and charged with a sexual assault crime, it is crucial to understand the legal implications surrounding your situation and make informed decisions on how best to protect yourself.

Don’t Engage With the Accuser

If someone accuses you of this serious crime, avoid direct contact. Do not try to convince them they are wrong or argue your side. This could complicate matters or be seen as intimidation. You could even end up facing additional charges in some circumstances.

Do Hire an Experienced Attorney

The first step in defending yourself against a charge as serious as sexual assault should be obtaining experienced legal representation. A skilled criminal defense attorney can protect your rights, navigate the complexities of criminal law, and formulate an effective defense strategy for trial or plea negotiations.

Remember, one hundred percent honesty with your criminal defense lawyer is crucial when dealing with serious allegations like these ones.

Don’t Post About Your Case on Social Media

Avoid sharing any information about your sexual assault case on digital platforms. This includes social media like Facebook, Twitter, Instagram, or other online forums. The details you post may be used against you in court.

Do Document Everything

Note down every detail connected to the sexual assault charges. This can include events leading up to it and after it happened. Preserve all evidence associated with the situation like text messages or emails which might support your defense later on.

Get Trusted Legal Help if You’ve Been Charged With Sexual Assault

Sexual assault charges should be taken seriously and handled with care. Fortunately, legal help is available. Contact The Rodriguez Law Group to schedule a free consultation with an experienced sexual assault defense attorney.

Contact the Los Angeles Sex Crime Law Firm of The Rodriguez Law Group Today For Help

For more information please contact the Los Angeles sex crime law firm of The Rodriguez Law Group for a free consultation, give us a call at (213) 995-6767 or visit our convenient location:

The Rodriguez Law Group – Los Angeles Criminal Defense Attorney
626 Wilshire Blvd Suite 460, Los Angeles, CA 90017, United States