Sexual Assault Defense in El Paso

Federal Sexual Assault Charges

Under federal law, a person can be charged with sexual assault if they:

• Use force against the victim
• Use force that was likely to cause bodily harm to the victim
• Threaten victim with bodily harm, death, or kidnapping
• Render the victim unconscious
• Administer the victim a drug or intoxicant in order to impair their judgment or decision-making

Individuals convicted of federal sexual assault are subject to mandatory minimum sentences and national sex offender registration.

What Are The 3 Main Defenses To A Sexual Assault Accusation?

Defending a sexual charge is challenging because there are usually no witnesses other than the parties involved. These cases often rely on the victim’s allegations and the collection of forensic evidence to detect traces of blood and bodily fluids of the alleged assailant. It takes a skilled attorney to assert potential defenses such as: 

Innocence

Like any criminal offense, the best defense against sexual assault is innocence. But proving your innocence is challenging unless (1) you have an alibi (you were not at the scene when the crime occurred) or (2) you can prove that you did not have any sexual contact with the victim. 

Consent 

Sexual assault allegations often hinge on consent. In some cases, however, the alleged victim may have consented to sexual activity but later said they did not.  In this situation, you must prove you were under the impression that you had the alleged victim’s consent to sexual activity.

False Allegations of Sexual Assault

In some cases, the alleged victim may fabricate claims of sexual assault to harm the defendant.  Did you recently end a romantic relationship or argue with the victim?  

In any event, it takes a skilled criminal defense attorney like Brock Benjamin to achieve the best possible outcome for your case by:

• Conducting a thorough investigation
• Pointing out inconsistencies in the alleged victim’s statement
• Challenging the accuracy of forensic evidence and lab results
• Vigorously defending you at trial

Although attorney Benjamin is committed to winning an acquittal, he will carefully weigh the strength of the evidence against you and advise you of your best options. Above all, he will put your best interests first and protect your rights, freedom, and reputation.