Defending Against Sexual Battery Accusations in Destin

There are two main ways to defend against false allegations of sexual battery in Destin. First, you can argue that the Destin Assistant State Attorney did not meet his burden of proof. The prosecutor must show, beyond a reasonable doubt, that you committed the act of sexual battery. That means that if the jury has any doubt based on reason, even just one, the jury must acquit you. You can argue that the prosecutor’s case is weak and failed to meet this burden. Second, you could put forth an affirmative defense during your case-in-chief. After the prosecutor calls witnesses and presents evidence, it will be your turn to call your own witnesses and introduce evidence if you choose to do so. At this time, you can present evidence of your innocence, known as an affirmative defense.

Undermining the Destin Assistant State Attorney’s Case

You are not required to put on your own witnesses or present testimony. In fact, you could rest and proceed directly to closing arguments after the prosecutor wraps up his case. This tactic is only recommended in certain situations. However, under this strategy, your Destin criminal defense attorney will focus on undermining the Assistant State Attorney’s case during cross examination, motions for judgment of acquittal, and closing arguments.

During cross, your attorney will question government witnesses to reveal inconsistencies in their testimony or outright lies. When witnesses are not credible, the jury will afford their testimony little weight when deciding a verdict.

During a motion for judgment of acquittal (MJOA), made when the government rests, your attorney will argue that the prosecutor’s case failed to meet its burden of proof before you have even presented any evidence or testimony of your own. If the judge agrees, the case will be dismissed immediately.

If the judge disagrees, you can put on your own evidence or proceed to closing arguments. Again, at closing, your attorney will argue that the prosecutor did not meet its burden by explaining what that burden is and how the jury should interpret the evidence. You can be acquitted even if your MJOA was rejected because the burden of proof is different.

Affirmative Defenses

You may also choose to put forth your own case to defend yourself. There are multiple affirmative defenses that are available. Which ones work for your case will depend on the exact circumstances.

·        Insanity: If you are able to prove you were insane at the time of the alleged incident, you will be unable to form the requisite intent to commit sexual battery and cannot be convicted.

·      Involuntary intoxication: If you committed sexual battery but were intoxicated against your will at the time (e.g. drugged without your consent), you will not be held responsible for your actions during this time.

·        Consent: If the complainant consented, you can present evidence of consent, such as what the complainant said to you, the lack of resistance, the history of your relationship, lack of injuries or evidence of force, and other circumstantial evidence to show the sex was voluntary and willing between two consenting adults.

·     Alibi: With an alibi defense, you show the police got the wrong person because you were somewhere else at the time the sexual battery occurred.

·     Duress: Though you committed the sexual battery, you did so under duress due to threats, intimidation, or violence. For example, someone held a gun to your head.

Work with a Reputable Destin Criminal Defense Lawyer to Fight Your Case

Stephen G. Cobb is one of only a handful of Board Certified Specialists in Florida Criminal Law. He is well-regarded for his proficiency in the courtroom, knowledge of Florida law regarding sexual battery, and his ability to adeptly navigate even the toughest cases. For assistance with crafting a strong defense to sexual battery, contact Stephen G. Cobb, an experienced Destin criminal defense attorney, at (850) 651-6565.

Cobb Law Firm
5 Clifford Dr
Shalimar, FL 32579
(850) 651-6565