Sexual Consent and How a Fresno Sex Crime Lawyer Can Help

Apr 04, 2018

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In this day and age, the issue of consent can be a hotly contested subject. The boundaries of consent in the context of a sexual encounter have become blurred. If alcohol or drugs or involved, your partner may later claim that they did not consent to perform the sexual act or engage in the conduct. Consent is the permission and agreement that the other person is saying "yes" to having sex. Additionally, the person should feel like they can say "no" or stop the sexual relations at any time throughout the process. The California criminal jury instructions state that to have consent a person must "freely and voluntarily" know the nature of the act that they are engaging in (CalCrim1000, instruction for Rape.) Also, someone who initially consents may change their mind, even during the act if they communicated through words or conduct that they no longer wanted to engage in the act.

If you have been accused of domestic violence, it's important to contact a sex crime defense attorney.

How do you get consent?

Consent doesn't have to be in the form of a written agreement. However, if there is any kind of hesitation on the other person's part, you don't have consent.

If a person felt forced, even if you're in a relationship with that person, it can be dangerous territory. If you find yourself accused, then it's important to reach out for legal assistance.

What can happen?

Sex Crime cases are taken seriously, especially in the State of California. Depending on the nature of the case, it could result in time in prison, lifetime sex offense registration, as well as fines. If the other party requests it, there may also be the possibility of a restraining order.

If you have children with the person who is accusing you, it could also affect future visitation rights. Therefore it's critical to involve a Fresno sex crime lawyer the moment you have been accused.

Every Case is Different

It's important to remember that every case is different. If consent was a blurred line, rape or sexual battery may be the charge you're facing. However, there are two sides to every story. You need to be able to tell your side properly, and that's why you need legal counsel.

Regardless of what may or may not have happened, it's important that you get the necessary defense in your case. Contact Mitchell Law Group today for your free case review.




Category: Sex Crimes

Michael Mitchell

Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.


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Michael E. Mitchell, at the Mitchell Law Group, Inc., is one of the top DUI defense attorneys in Fresno, California. He has over a decade of experience handling DUI cases throughout the Central Valley, including in Clovis, Madera, Tulare, Visalia. He is a certified field sobriety instructor and practitioner under the standards of the National Highway Traffic Safety Administration (NHTSA) and is a member of the California DUI Lawyers Association. His advice and knowledge is, routinely, sought after by other attorneys practicing in the area of DUI defense. He is an expert in the area of DUI defense in both Federal, State, and on the Appellate level. If your looking for the best DUI Lawyer in Fresno to handle your case, give us a call today to see how we can put our knowledge to work for you.