What Role Does Consent Play in a Sexual Assault Case?

 Posted on April 23, 2024 in Sex Offenses

Being charged with a sex crime can be an awful experience. Society often looks down on people who are accused of committing sex crimes without knowing the facts of the case and even before a judge has had the opportunity to weigh in. One of the most serious accusations is sexual assault. You can face harsh penalties and fines, and even if you complete whatever sentence has been handed out, you could also face gossip, judgment, and stigma far into the future.

Accusations of sexual assault can be challenging because, to a large extent, they depend on the recollections of the people involved. If you are accused of robbing a store, there needs to be evidence that you committed the crime before you can be convicted. On the other hand, sexual assault convictions can be based on testimony and circumstantial evidence. Add to that the fact that the two individuals involved might have understood the situation differently. They may have started on the same page but if at some point one person changed their mind while the act was already happening, that side might feel they were assaulted while the other is convinced that both of them had wanted what happened. The implications of a sexual assault conviction can have a major impact on your life. Speak with an experienced Naperville, IL criminal defense attorney who can review your case and offer you guidance.

Consent and Charges of Sexual Assault

Sexual assault cases often rest on the issue of consent, and you can be charged if the other person claims you did not receive consent for the sexual activity. Consent means that someone has given their permission or agreement for something to happen. When it comes to sexual activity, consent is when everyone involved has agreed to the sexual conduct. For consent to be considered sufficient, the person giving it needs to be capable of doing so. That means she needs to understand the nature of the acts in question or give knowing consent to engage in them. Issues of consent come up when an alleged victim of sexual abuse is intoxicated, unconscious, or mentally or physically disabled in a way that makes her unable to understand what was happening or to communicate what she did or did not want. If you engaged in sexual activity with someone who is now claiming they could not have given consent, you might face charges of criminal sexual assault.

Schedule a Free Consultation with an Illinois Defense Attorney

If you are accused of sexual assault, one of the most important things you can do is hire a skilled Naperville, IL criminal defense lawyer. Law Office of Philip R. Nathe has over 30 years of criminal defense experience. Call 630-416-7600 so we can build a personalized case to protect your rights.