PC 289 of the California Penal Code prohibits the act of sexual penetration when the act is accomplished against a victim using force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
An experienced criminal defense lawyer can help you with this type of accusation in many ways.
How to Defend Sex Offense Accusations
- Lack of Credibility Defense
Many people who claim to be victims of a sex crime have reasons not to tell the truth, have prior criminal records that make them less believable, or there are circumstances that make their claims less than credible. An experienced defense attorney knows what to look for in the witness statements, background of the alleged victim, and circumstances surrounding the alleged offense.
- Consent Defense
Another defense to a sex offense charge is consent. A person’s willingness to participate in sexual activity can be a complete defense to an allegation of sexual abuse or rape.
- Bias or Motive to Fabricate
Sometimes the alleged victim has made similar claims against others which proved to be untrue. This factor can be used to discredit the witness and throw the case out of court.
Sometimes the alleged victim is just trying to make money based upon the accusation and therefore is less believable. This defense relies on the existence of a witness’s bias or motive to fabricate a story that is not worth believing.
- Insufficiency of Evidence
Another example of a defense could be lack of evidence or sufficient proof. For example, some cases rely on testimony of undercover police officers or secret tape recordings which might show that the accusations are not provable in court. Other cases may rely on the existence of eye witness testimony, whose testimony is not believable, solid, or sufficient to convict the accused of a crime.
- Entrapment Defense
This occurs when the government or the police go to far in encouraging an innocent person to commit a crime. The actions of the government or the police can be used to prove the defense of entrapment, as a result of which the accused is set free.
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