The 3 Most Common Sexual Assault Defenses

Wisconsin Criminal Law Blog

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assault conviction are extremely severe.

Your lawyer may be able to defend you in court, and if it’s possible, he or she may use one of three common defenses to sexual assault.

The 3 Most Common Defenses to Sexual Assault Accusations

The three most common defenses to sexual assault accusations include consent, mental incapacity, or innocence.


If the other party consented, you aren’t guilty of sexual assault; this kind of crime can only occur when the victim doesn’t consent. 

It’s often difficult (and sometimes impossible) to provide evidence of consent. However, every case is different—and your attorney will examine every aspect of yours to determine whether the alleged victim actually gave consent.

Mental Incapacity

In some cases, a defendant in a sexual assault case may be able to claim that he or she was not capable of determining that he or she was actually committing a crime.


Many people accused of committing sexual assault proclaim their innocence. Remember that if you say you’re innocent, it’s the prosecution’s job to prove that you’re guilty—it’s not your job to prove that you’re innocent. The prosecutor has to prove your guilt beyond a reasonable doubt, but your attorney may be able to raise doubt in your case.

Do You Need to Talk to a Sexual Assault Defense Lawyer?

If you’ve been accused of committing this type of crime, it’s a good idea to get in touch with a Milwaukee sexual assault lawyer as soon as possible.

Call us at 414-383-6700 or 262-650-6700 for a free sexual assault case evaluation. We’ll analyze your case and start building the legal strategy that gets you the best possible outcome right away.

Carlos Gamino

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3 Common Sexual Assault Defenses - Carlos Gamino
By Carlos Gamino

If you’re accused of sexual assault in Milwaukee, Waukesha, or any of the surrounding communities, it’s in your best interest to talk to a criminal defense lawyer who can evaluate your case and determine the course of action that gets you the best possible outcome—and that’s because the penalties of a sexual
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