Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
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Will consent come up in Auburn man's criminal case?

Consent is one of the main criminal defenses to a sex crimes charge. Whether a person is facing a charge of sexual assault or rape, in contested cases the question of whether or not the encounter was consensual or not could become a key point in a criminal trial. Although this defense does not come up in all trials involving sex crimes charges, when it does it is important for everyone to remember that the defendant stands innocent before the judge and jury - unless the prosecution can prove beyond a reasonable doubt that he is guilty. This is an extraordinarily high burden to meet, thus ensuring - hopefully - that only those individuals who are truly guilty will receive punishment. A man from nearby Auburn was recently arrested on sex crimes charges, and as the case plays out it will be interesting to see if his strategy incorporates the defense of consent.

According to the reports, this 53-year-old Auburn resident is facing a variety of sex-related charges after being the subject of a nearly yearlong investigation. Several victims are reportedly involved in this case. It appears that when the man learned of the arrest warrant issued for him that he turned himself in to authorities. He is being held on $150,000 bail.

The defense of consent may be available to this defendant on a few of the charges he is facing, such as charges of sexual assault and sexual battery. However, this defense will not be available for at least one other charge he is facing - sending child pornography.

Sex crimes are some of the most serious charges a person can face. The allegations alone can be severely damaging, but a conviction on one or more of these types of charges can lead to serious prison time and a lifetime as a registered sex offender.

Source: The Sacramento Bee, "Auburn man arrested after yearlong investigation of alleged sex offenses," March 22, 2013

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