Common Defense Strategies Used In Title IX Defense
Sex crimes are extremely serious in nature, and they are also taken seriously when reported in schools and colleges. The federal government protects students, teachers, and other staff members of an educational institution funded by them through the Title IX law. However, there are also rights for people who are falsely accused under the law.
If you or your loved one was falsely accused of a sex crime and are being investigated by the school, you must seek consultation from a California Title IX advisor immediately. The biggest mistake you can make in this situation is to get help from an advisor appointed by the school because you do not know what their qualifications and intentions are. Meanwhile, here are some common defense strategies used in Title IX cases.
Common defense strategies used in Title IX defense
If you can successfully prove that you have an alibi, you can easily get your name out of the mess. Alibi is the most common defense in a sexual assault case because people first try to prove their innocence. You can argue that you could not have possibly committed the crime because you were in a different place during the time the alleged assault took place.
For example, if you are accused of a sexual crime on March 1 in New York, and you have flight tickets proving you were in Nebraska on that date, you can successfully prove your innocence.
It may sometimes happen that the victim misidentifies the assaulter, perhaps because it was dark or nighttime when the assault took place. As in the alibi presentation, you are required to show evidence that you are not who the plaintiff thinks you are. This can be proved using several ways, such as DNA from a blood sample, hair, skin, nails, semen, etc.
You may admit that you indeed engaged in sexual activity with the victim, but they had given their consent for it. Sexual assault can only happen if the activity does not have consent from each party involved. However, proving that the victim allowed consent can be extremely complex and controversial for the defendant.
Additionally, consent is not possible in certain cases. For example, if the victim is a minor child, an adult cannot legally engage in sexual activity with them regardless of whether they consented because a child does not know right and wrong and cannot consent.
These are some of the most common defense strategies used in Title IX cases. Sexual crimes are serious. Make sure you hire an experienced attorney to fight your case.