Sexual assault and criminal sexual contact are different than other crimes in multiple ways, such as the following:
Consent determines whether a crime was committed.
Since sexual acts often occur in private without witnesses, there may be scant evidence to prove or disprove consent.
The degree of force or coercion alleged will influence the severity of criminal charges.
Registration as a convicted sex offender is likely to haunt a guilty defendant long after any penalty has been paid.
The issue of consent in particular makes sexual assault unique. In most assault crimes, the legal system automatically assumes that the plaintiff did not consent. The legal system may consider the plaintiff’s character or behavior in deciding the issue of consent. Furthermore, laws are evolving with respect to the definition of force. It now includes various means of coercion beyond physical force.
Establishing a legal defense against sexual assault charges is also difficult because the laws pertaining to sex crimes are complex and continue to evolve. For example, the legal trend is toward viewing sexual assault more broadly as unwanted bodily invasion rather than just a traditional definition of rape. The changing landscape of sexual assault law is another reason why it is important to seek professional legal counsel.