Sexual assault is a serious crime that carries a lifetime of consequences for anyone convicted. These are very serious accusations, and yet it may seem that anyone can make a claim that you violated your rights. A sexual assault case can proceed without physical evidence. Even though this may be more challenging to prove, there are still situations where the prosecutor may seek to press charges.
There are several things you should know about sexual assault cases and the burden of proof.
Meeting the Requirements of the Law
To face charges, police officers must believe you meet the legal requirements of sexual assault, also called rape in Indiana. In Indiana, law enforcement must show that rape occurred. The law defines rape as a person knowingly or intentionally engaging in sexual intercourse or making another person engage in sexual conduct when any of the following occur:
- The defendant uses force or the threat of imminent force to engage in the activity
- The plaintiff is unaware that sexual intercourse or sexual conduct is occurring for any reason
- The plaintiff cannot give consent due to their mental disability or deficiency
The police will look at all evidence related to your case to determine if they believe rape occurred. If so, they may charge you. Charges are not the same as a conviction.
Witness Testimony Serves as Evidence
Under the state’s laws, witness testimony is evidence. That is, if a victim states that another person engaged in sexual intercourse against their will, this becomes evidence. This is unlike other states. In Indiana, witness testimony is direct evidence. That means it could be all the court uses to convict a person of engaging in sexual assault.
Under this law, that statement from the witness is incredibly valuable. There does not have to be any other type of evidence to prove that a person is at fault. For the victim, this makes sense, but from the side of the person accused of the crime, it can make it very challenging to prove you are not at fault.
Police Believe the Victim for Some Reasons
Police officers will complete due diligence and fully understand what is on the line. They will take these charges seriously. Police departments follow the premise that a person is innocent until proven guilty, and one person’s statement about violating those rights is not necessarily always accurate.
The police department will break down the facts of the case to determine if they are accurate or if inaccuracies exist that may doubt the claims. However, in these situations, you do not want to just hope the police figure it out. Instead, work with a criminal defense attorney immediately for help demonstrating you are not at fault.
It can take some time for the police to gather enough data and verify that the claim is legitimate. Many times, there is very little proof of what occurred or did not occur. For that reason, be sure you work with an attorney who has a solid reputation for making it clear what your rights are. Your attorney’s job will be to question the statements and beliefs of others to hold up your claims.
By working with a criminal defense attorney, you gain better insight into what your rights are. Do not wait to contact a criminal defense attorney to learn more about those rights.