Can You be Charged with Sexual Assault if You Were Drunk?

By Davis Law Firm | September 19, 2019

Overview of Sexual Assault

There does not always need to be intent for a charge of sexual assault to move forward in New Jersey. But, what is required is that the victim does need to come forward and provide evidence of the assault in order for the case to follow through in the court system. But, what if you were drunk when the sexual assault occurred? Can you still face sexual assault charges in New Jersey? This is an important question to ask your attorney.

The Victim and Accused States

One of the first things that the court system and the attorneys working the case look at is the state of both the victim and the accused. If the accused person was so inebriated that they do not remember a thing, then the charges will likely move forward. If the victim was too intoxicated to remember much, the charges might be dropped because they cannot corroborate the story. The same goes for any situation in which both parties were too inebriated at the time of the alleged assault. This could lead to the charges being dropped.

What is the Evidence Against You?

There needs to be evidence against you, the accused, in order for a sexual assault charge to move forward with a conviction. What is the evidence against you? This is an important question to ask your criminal defense attorney. You need to find out what has been presented in court and what has been provided to the judge. Evidence could include witness testimony, written accounts of the incident in question, and even medical records of an examination of the victim after the attack. 

Was There a Relationship?

Was there a relationship between you and the alleged victim of sexual assault? If so, there’s usually an understanding of sexual relations between the two people involved in the relationship. This is important to note to your attorney. You might need to prove that you were involved romantically with the alleged victim in order to fight the charges levied against you. This could include receipts from dates, photos, and testimony from family and friends that the two of you were dating.

Consent

Many people involved in sexual assault cases, both victims and the accused, have trouble understanding what consent is and how it is handled in these cases. Many people surveyed have trouble explaining the full extent of consent. When it comes to a male aggressor, it could be misreading the signals of the female. When it comes to a female aggressor, it could be a lack of attention when it comes to understanding the mood of the other person in the room. Most sexual assaults occur because the aggressor is looking for power. If the alleged perpetrator was intoxicated, this might not be the reason in the case.

Building a Defense to Sexual Assault Charges

If you were drunk during the purported time of a sexual assault and now face charges, your attorney will need to build a strong defense to have the charges reduced or dropped. The attorney could argue that you were too drunk to engage in sexual activity or that you passed out before the sexual activity occurred because of your impairment.

Contact an Experienced Hamilton Criminal Defense Lawyer About Your Sexual Assault Charges in New Jersey

Were you arrested or charged with sexual assault in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at the Davis Law Firm, LLC have successfully represented clients charged with sexual assault in Hamilton and throughout New Jersey. Call 609-587-9100 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 2653 Nottingham Way in Hamilton, NJ, 08619.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Disorderly conduct consists of any improper behavior such as fighting, threats of violence, or creating a dangerous atmosphere. 

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