For a sexual assault allegation to stick, it is not always necessary to establish intent – even if the alleged attacker was intoxicated at the time the supposed assault happened. Such crimes call for evidence, and the assault victim must come forward to make sure that the case moves forward.
State of The Accused and The Victim
The existence of evidence is important to convict an attacker in a criminal case. A case may have not much to support any side, depending on both the victim’s and the attacker’s state. If the person facing an assault charge couldn’t remember what happened because he was too drunk, he may not have much to defend any actions he took.
However, if it was the victim who was drunk or both parties were intoxicated enough that any action from either side is unsure or blurry, the case may have nothing to stand on.
The Victim’s Recollections
The alleged victim’s memory of the sexual assault may not be very clear. But, whatever the person recalls may be used to support the charges. Communication or discussion with the other person involved may help clarify what really happened.
This often leads to an investigation where both parties are made to reveal as much information about the incident as possible. If a drunk person committed sexual assault, then he may face charges for causing trauma and inflicting harm. At this point, the accused would need an attorney.
Evidence against the Attacker
Evidence in cases of sexual assault may involve actual events, as well as what average persons expect to happen in such situations. If the parties were in a romantic situation such as a date, sexual relations may be reasonably expected. But, if one party was unconscious and the other took advantage, it would constitute sexual assault – even if it can be reasonably assumed that the parties have done it before. Unfortunately, arguments containing only the side of the victim may be insufficient to convict the defendant.
Initial Sexual Assault Charges
Initially, police officers may not issue charges based on the victim’s first interview. The case may not progress into a hearing if the police think that there may have been consent before the victim fell unconscious. The victim may also have been too intoxicated to recall what happened. In many cases, the police officers may never bring the case forward or issue any charges. Without visible evidence or injury to support the charge, the victim may not have any recourse but to talk to a lawyer.
What Constitutes Consent
According to studies, a lot of people are not aware of what full consent involves. In the case of male defendants, they may be unable to read the actions of the female. If the defendant is a woman, she may have neglected the other party’s mood. The common reason for a charge of sexual assault is a lack of consent. But, the motive may not be present if the attacker was drunk.
The prosecuting lawyer, jury, and judge may consider the situation presented as a reasonable place to expect the occurrence of sexual activities. However, there may be a clear case if there are injuries or additional evidence to support the sexual assault charge.
The Drunk Defendant’s Legal Defense
When facing a charge for sexual assault at a time when you were drunk, you will need an experienced lawyer to defend you. The Law Offices of Gary L. Rohlwing can help you when it comes to crafting an appropriate defense for your particular situation.
The following post I Was Too Drunk. How Can I Be Charged with Sexual Assault? was first published to Gary Rohlwing
Law Offices of Gary L Rohlwing
7112 N 55th Ave
Glendale, AZ 85301