As with most major crimes, the answer to this question depends upon a number of factors such as type of sex crime, prior offenses, severity of the charges and many others. Of course, any sexual assault charges are serious and should always be approached seriously and with a cooperative demeanor. While it isn't possible to tell you which defenses for sex crimes are the most successful, the following section outlines some defenses and how they may be used toward a goal of acquittal.
The definition of sexual assault in Wisconsin commonly includes these elements: Non-consensual sexual intercourse; non-consensual sexual intercourse causing injury, illness or pregnancy; and knowingly having sexual intercourse with someone who is unable to give consent. Additional elements may sometimes come into play but these are some of the most common.
Now that you understand how Wisconsin views sex crimes of this nature, you will be better able to work with an attorney to build a defense. Some of the possible defenses include:
-- Innocence: Most effective with evidence proving you could not have committed the crime -- Mental incapacity: Most effective with proof, evidence or testimony from someone who knows you were incapacitated -- Consent: Although sometimes difficult to prove, this is one of the most effective defenses provided the defendant has evidence demonstrating the consent
Alone, you will likely not be able to defend yourself against charges of sexual assault, but with help from an attorney, your chances improve significantly. If you or someone you know are facing criminal allegations or charges associated with sex crimes in the Milwaukee area, it is crucial to find representation early on.
Source: FindLaw, "Sexual Assault Defenses" Jan. 05, 2015