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One of the elements of sexual assault is that the sexual behavior must occur against the will of the victim.

Thus, if the defendant can demonstrate that the victim consented to the sexual contact, it will provide a solid defense to the allegations of sexual assault.

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Not only is your reputation on the line, but also your criminal record and possibly your freedom.

You likely have questions about sexual assault defenses, and will also want to know more about mandatory sex registration, should you be convicted.

Just like with the presentation of an alibi, the defendant must provide evidence to support this claim.

If available, DNA evidence can accurately and reliably establish whether a defendant was present at the crime scene.

If the defendant did not act in a wildly irresponsible manner, they can claim an honest belief that the victim gave consent.

Insanity or Mental Incapacity Defendants in a sexual assault case can also claim that they had a mental disease or defect at the time of the crime that should remove criminal liability for their actions.

In these states, if the victim was incapable of consenting, no amount of good faith belief in the victim's consent will aid in a sexual assault defense.

Other states will only allow a mistake regarding consent if the defendant acted less than negligently.

Showing consent can prove both difficult and controversial for the defendant, however.

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