Charges of sexual assault do not always require intent for the allegation to hold water, even if the attacker was intoxicated at the time of the assault. These crimes require strong evidence and the victim to come forward to ensure that the matter proceeds through the relevant courts for the residing county and sufficient proof to move forward.
If you have been accused of sexual assault in Phoenix, it is best to get an experienced Arizona criminal defense lawyer with experience in handling sex crimes. Our criminal defense attorneys at Howard Snader Law may help you in building your defense against sexual assault charges. Do not hesitate to get in touch with us. The sooner we touch base on the early stages of your case, the better we may be able to assist you.
What if I was so drunk I can no longer recall what happened?
Depending on the state of both the individual that suffered injury or the assault and that of the accused, the case may have little to support either side. The evidence is required for criminal cases to convict the accused. If the individual who faces charges of sexual assault was so drunk, he or she cannot recall any detail of the incident, he or she may have little to defend any actions possible. Nevertheless, if the victim was the intoxicated person or both victim and the accused were inebriated to the point that actions on either side are blurry or uncertain, the case will have no grounds to stand on.
What will happen if the victim has very little recollection of what transpired as well?
The memory of the person that experienced injury from sexual assault activities may have little to remember later. The flashes of what he or she has the ability to remember may support the charges. However, discussion or communication with the other party may gather much better clarity of what took place. This normally leads to an investigation with interviews and questions asked of both parties to disclose as much regarding what happened as possible. If the drunk person did sexually attack the victim, he or she may still face criminal charges for inflicting emotional or physical damages and causing trauma. Our Arizona criminal defense attorney will work to build your defenses for you when your case reaches this point.
What are the shreds of evidence that may be used by the victim against me?
Evidence in sexual assault cases may include the actual events and also what an ordinary individual would certainly expect to take place in certain scenarios. If both parties were on a date or a romantic setting, this can result in a reasonable expectation of sexual relations. However, if one party is unconscious while the other takes advantage, this is still usually taken as sexual assault regardless if there was a reasonable expectation with the activities both parties have taken part in before this act. However, many arguments that only contain the statements of the victim are inadequate grounds for a conviction against the defendant.
How are preliminary charges decided on?
Police that interview the victim of sexual assault may fall short to issue charges versus the other party because of the first interview. These preliminary charges may fail to proceed to the point of a hearing if officers think that the target may have given approval prior to falling unconscious or when too drunk to recall what happened. In a number of these situations, the officers will toss out the case without issuing any type of charges at first. In the absence of injury or noticeable evidence that supports sexual assault, the victim may have little choice but to hire a lawyer from the very beginning.
How important is consent in this situation?
Victims of sexual assault face misunderstandings and a general absence of knowledge in what consent is. Studies reveal that the majority of residents in a state or country are totally not aware of what full consent involves. If the criminal is male, as many are, he or she may not have the understanding of exactly how to read the female partner. If the accused is female, the matter may entail an absence of attention to the state of mind of the other person. The common factor for sexual assault is that of power. Nonetheless, in situations where the assailant was drunk, the motive may not exist.
What is the evidence that may be looked into?
The judge, a jury, as well as the prosecuting attorney may all take into consideration the effects of a reasonable situation to anticipate sexual relations to occur. However, countering this with strong evidence that supports the attack or injuries that happened during the sexual assault, the victim may have a clear case. This person may require to use the criminal courts for justice and the civil courts for compensation if injured throughout the attack. Nonetheless, this will certainly call for strong evidence from both sides. Our Arizona criminal defense attorneys may be able to guide you in setting up counter-arguments to defend your case.
How can I be defended by my legal team?
If the individual accused of committing sexual assault was intoxicated, he or she will certainly require an attorney when facing charges for this unlawful act. A skilled Arizona criminal defense attorney may present a legitimate argument against the charges such as a lack of ability to perform when intoxicated or the person passing out before being able to engage in such activities.
It is really important to get yourself an experienced criminal defense attorney when faced with sexual assault charges in Arizona. This may be your ticket to remaining free from the possibility of years behind bars. Contact our seasoned criminal defense attorneys at Howard Snader Law now!