The topic of “consent” in terms of sexual liaisons has become more important than ever in the wake of the “Me-too” movement.
An understanding of consent and how consent works in a sexual encounter is important if you want to avoid charges afterward.
What is consent?
Consent is a type of permission. Consent is seldom an open and shut matter, but a fluid thing that can change or be withdrawn at any moment. This is particularly important to remember in your sexual encounters with others.
For example, your partner can decide not to follow through with anything they promised earlier in the evening. They don’t owe you sex because they agreed to go on a date with you. They can start a sexual act and decide to end it or complete one and not agree to another. It’s your obligation to make sure that you aren’t violating adhering to any limitations they have placed on your relationship — even if those limitations have suddenly changed.
Unfortunately, intimate situations can sometimes be murky, and miscommunications can happen.
What if you’re already facing charges of sexual assault?
Proving consent (or a lack of consent) can be difficult when it involves an intimate encounter. Prosecutors may rely on the testimony of your alleged victim, the result of a rape kit and circumstantial evidence in attempting to persuade a jury to accept their arguments.
You must come to trial armed with a defense strategy of your own to protect your future and your freedom. When there’s a lot on the line, don’t hesitate to seek legal assistance.