Consent is a common defense available in sex crime cases when rape or other sexual misconduct is alleged. The defense of consent works as follows: the defendant doesn’t deny that sexual activity happened but argues that it was with the alleged victim’s consent. There was no force, no threat of force, no type of coercion whatsoever.
How can the defendant convince the court that there was consent? This is where aggressive defense techniques come into play. We would look into any available evidence that would suggest the lack of coercion.
It could be email or text communications, hotel, club, or lounge videos, social media posts, history of any relationship between the parties involved, and of course, medical evidence.
Medical evidence could be very helpful in establishing that the type of the injuries the alleged victim may have suffered typically don’t come as the result of non-consensual sex.
Obviously, there is no consent if the victim is underage or if the defendant was in the position of special trust, such as a doctor or a therapist treating a handicapped person.
The consent defense could a very effective technique if explored properly. If you have been accused of a sex crime in New York, please contact our experienced defense attorneys today at 212-577-6677.
