What Is the Most Common Defense for Sexual Assault?
Sex CrimesThe most common defense against sexual assault allegations in Missouri is that the alleged victim consented to the sexual contact. Consent is a crucial factor in determining whether a sexual assault occurred, as Missouri defines sexual assault as sexual contact without the other party’s consent.
If you’re facing charges of sexual assault and wish to mount a defense based on consent, you must demonstrate that the alleged victim willingly and legally consented to the act in question.
Elements of a Consent Defense
A successful consent defense against allegations of sexual assault will feature the following three elements:
- Clear Affirmative Agreement – You must show that the alleged victim provided a clear affirmative agreement to the act before engaging in sexual activity. Witness testimony, electronic communications such as text messages, or video evidence may support your claim.
- Lack of Coercion – You must show that you didn’t use force, coercion, or manipulation to obtain consent from the alleged victim. This includes things like not lying about your age to the alleged victim and not omitting important facts about the sexual contact, such as condom use.
- Capacity to Consent – You must show that the alleged victim had the capacity to consent at the time of the sexual activity. Minors, those with cognitive impairments, and those under the influence of intoxicating substances may not have the capacity to give consent. It is crucial to demonstrate that none of these factors applied and that the alleged victim was fully conscious and aware of what they were consenting to.
Missouri Minor Consent Laws
Missouri has various laws governing consent to sexual activity involving minors. Depending on the alleged victim’s age, their ability to consent to sexual contact may vary. These laws include:
- 13 or Younger – No child 13 or younger can consent to sexual activity with anyone else, regardless of the circumstances.
- 14 – 16 – Minors who are 14 to 16 cannot consent to sexual activity with anyone who is more than four years older. A 14-year-old can consent to sexual activity with someone up to 18, and a 16-year-old can consent to sexual activity with someone up to 20.
- 17 or Older – 17 is the age of consent for all sexual activity in Missouri.
Challenges to Consent as a Defense
Using consent as a defense can be challenging because, without strong evidence, it can devolve into a “he said, she said” scenario. This means the credibility of both parties is essential, and the alleged victim’s testimony may be compelling to a jury if they display emotional trauma consistent with sexual assault.
It’s also important to keep in mind that consent to prior sexual activity does not equate to consent to future sexual activity. You need consent every time. Being mistaken about the person’s age and believing they were old enough to consent is also not a defense if they were younger than 14.
St. Louis, Missouri, Sex Crime Defense Attorney
If you’re facing sexual assault charges in St. Louis, Missouri, contact Richard H. Sindel, Inc. for a consultation with an experienced sex crime defense attorney. We can help you build a robust defense and fight for your legal rights.