Possible Defenses for Sex Crimes

Possible Defenses for Sex Crimes



1. False Accusations

An experienced sexual assault lawyer will look for ways to discredit the alleged victim by identifying areas where they might be hiding the truth or obstructing justice. False accusations and victim motivation are both areas to explore in court. The alleged victim could be seeking revenge for an unrelated matter, or they could be accusing the wrong person. 



2. The Accuser Consented to the Sex

Consent is a defense to sexual assault. And experienced sexual assault lawyer can cast doubt on the prosecution’s case by presenting evidence that suggests the alleged victim consented to have sex. This is not a possible defense for sexual assault in Nevada if the victim was under 16 or mentally incapable, or physically incapable of consent.



3. No Sexual Penetration Occurred

According to NRS 200.366, only non-consensual penetrative sex is considered sexual assault. If the prosecution can’t prove that penetrative sex occurred, or there is insufficient evidence to prove penetrative sex occurred, then there is a defense to sexual assault.



4. Insanity/ Mental Incapacity

A criminal defense lawyer can opt for this defense, but it can be difficult to win with this one. This defense must prove that the defendant was legally insane by the strict standards of the Nevada law system either permanently, or during the time of the alleged incident. This will require that the defendant see a specialist for a full mental evaluation. This psychologist can be called as a witness, but they can only provide a medical diagnosis. They can’t confirm that the defendant was legally insane as per legal definitions.