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What can you do to defend yourself against sex assault charges?

There are many times when a person is accused of sexual assault when the truth isn't quite that black-and-white. A variety of situations result in these claims, whether it's a spurned lover trying to get back at his or her partner or a date who feels shunned when she sleeps with someone and isn't taken out again.

It's a crime to make false claims against another person, which is the first thing anyone accused of sexual assault should know. If you know for certain that you had consensual sex with the other party, then you may also be able to file a lawsuit against that person for making a claim that hurts your reputation.

There are a few ways to defend yourself after a claim is made. First, you should show that any sex or sexual touching that occurred was consensual. You might have a text message that says the person had a great time on your date, or perhaps you have witnesses who heard him or her say that the claim was fake but that he or she wanted to hurt you. These kinds of evidence help you case, and they're something to take directly to your attorney.

Another potential defense is that you're actually innocent. There have been cases in the past where individuals who look like the alleged offender are accused. It's usually easy to prove that you're not the person police are looking for by giving them an alibi and DNA sample for testing. You may also have phone records, credit card receipts or other information to show you weren't with the victim when the attack occurred.

Every case is different. These are just two possible ways to defend yourself. Of course, there are many others your attorney can help you consider. With the right evidence, you can show that you have been falsely accused.

Source: FindLaw, "California Sexual Assault Laws," accessed March 24, 2017

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