Consent and character evidence

Consent and character evidence can be huge issues with respect to California sex offenses. There are many offenses where consent becomes the critical issue in the case and it is up to a savvy criminal attorney to show that the alleged victim consented to the charged sexual activity in order to successfully defend his or her client. California law, however, makes it difficult for anyone to prove consent and/or to initiate evidence regarding the alleged victim’s character, as there are only a few ways that these issues can be legally argued and admitted into evidence. This is just one of the reasons why it is so important for the accused to hire a criminal defense lawyer who specializes in California sex crime defense, as no other type of attorney will be as qualified to defend against these highly controversial cases.

California sex crimes such asrape, spousal rape, oral copulation, sodomy and penetration with a foreign object often focus on the issue of consent. “Consent” with respect to this area of the law refers to positive cooperation in act or attitude pursuant to an exercise of free will – it basically means that a person must freely and voluntarily act with knowledge of the nature of the act. The issue is not only critical to the alleged offense, but it necessarily calls into question the nature of any relationship (either past or present) between the accused and the alleged victim as well as the alleged victim’s sexual history. Because the alleged victim is not the individual charged with an offense, the law generally regards his or her past sexual conduct irrelevant and only allows it to be called into question under the following limited circumstances.

Evidence of sexual conduct between the accused and the alleged victim is admissible to establish consent but it is not sufficient to do so alone. If the prosecution or the alleged victim raises the issue of the alleged victim’s sexual conduct or history, the accused will be permitted to rebut that evidence. Evidence of prostitution is generally inadmissible as to the issue of consent but may be relevant and admissible with respect to the alleged victim’s credibility. Along these same lines, if the alleged victim has made previous false accusations of rape or other sexual offenses, those facts may be admissible evidence to attack his or her credibility or character.

Certain instances of rape, spousal rape, oral copulation, sodomy and penetration with a foreign object are charged when an alleged victim is declared unable to consent due to a mental or physical condition and the accused either knew that fact or reasonably should have known that fact. When these facts exist, it is up to the prosecutor to prove that the alleged victim suffered from such a condition and that that condition rendered him or her incapable of giving legal consent.

Clearly, the issues surrounding consent and character evidence are limited and technical, which is why hiring a skilled sex crime defense attorney is the best defense. The outstanding criminal attorneys at The Kavinoky Law Firm have mastered everything related to California sex crime defense and are well equipped to effectively tackle any evidentiary and/or defense issue that arises or applies. They keep up-to-date on the latest legal rulings and receive on-going training and education with respect to this area of the law, which provides their clients with unparalleled service. They have law offices conveniently located throughout Los Angeles and California, enabling them to provide their exceptional services to anyone in need. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.