In order to defend someone who has been falsely accused of sexual assault charges, or to support the case of someone who has been the victim of a sexual assault, the components of a sexual assault charge must first be understood. Without the right legal elements in place, there can be no sexual assault charge. This can be the most important pivot point of a case, and prove that elements were missing which were critical to proving that the sexual assault took place. These include, but are not limited to, the following:
- Description of the body part that was touched and in what way it was touched
- What part of the aggressor’s body was used in this touching situation
- The nature of the contact
- The situation that the interaction occurred during
- The words and the gestures that might have been used during the interaction
- Other circumstances that were related to the interaction
During a sexual assault case, the person who suffered the unwanted attention will be called the victim. This is the legal term that is used to define the difference between the person who caused the unwanted interaction and the person who was not allowed to say no to the event. Lawyers will often call the accuser the complainant as well, in order to presume the innocence of this person.
