Consent in DC Student Sexual Assault Charges

Consent is a key element in allegations of sexual assault or rape. By definition, those offenses result or occur when there is a lack of consent. Sometimes, the issue is whether a sexual act or sexual contact actually occurred and the accused may argue that the alleged act never occurred. However, often the act itself is not in dispute, but what is in dispute is consent.

Establishing consent in DC student sexual assault charges is often the key to an accused person’s defense case. It may be advisable for you to consult a skilled student sexual assault attorney who could review your allegations to determine how consent will impact your case. A well-versed DC attorney could answer your questions and help you build a defense for your case.

The Role of Consent in Sexual Assault and Rape Charges

Consent is at the heart of almost all allegations of sexual assault and rape. Many times, the issue is whether the accusing party consented and not whether the sex act occurred. If it is proven that there was no consent, the act could be classified as sexual assault or rape. If there was consent, then there is no offense.

Proving consent could be very difficult in DC student sexual assault charges. In rare situations, there may be some documentation of consent explicitly given. There may be text messages or some other form of social media message or recording that makes it clear that the person was voluntarily engaging and willing to engage in a sexual act.

Proving Consent with Circumstantial Evidence

In other cases, one has to prove consent through circumstantial evidence. This could include:

• The behavior of the accuser after the sex act occurred
• Communications between the parties afterward
• Consistencies or inconsistencies that call testimony into question

As a seasoned lawyer could explain, this type of evidence could get ambiguous since it is all indirect and does not conclusively prove that consent was given. Similarly, it does not conclusively prove that there was a lack of consent in a student’s DC sexual assault charges.

Affirmative Consent and Implied Consent

If someone is alleging that they did not consent, it can just be a gray area since there are also issues of affirmative consent versus implicit consent. Affirmative consent is usually not something that organically arises when a sex act occurs.

There is often implicit consent between the two parties based upon behavior, other communications, and interactions that were taken collectively as a whole. The perception of what is implicit and what is consented to may differ between the two parties. That is where many of these issues arise; a difference between what the parties believe is consented to and what each party is comfortable with.

This is why there is a move to create affirmative defense; to ensure both parties are on the same page and both parties are willing and voluntarily engaging in any behavior. It should be noted that this does not always happen. Trying to prove consent with someone who is looking to circumstantial evidence of how the accuser behaved after an alleged sexual act would be evidenced by:

• If they continued to communicate
• If they stayed in touch with the person
• If there were subsequent engagements in sexual acts that were consented to

While none of this is direct proof of consent, it could certainly be argued as circumstantial proof. It may get tricky and murky as to what the actual status of consent was when the sex act occurred.

Call a DC Lawyer About Consent in Student Sexual Assault Charges

Contacting an intelligent attorney to learn more about consent in DC student sexual assault charges could help you better understand the criminal allegations you are facing. A hard-working lawyer could review your case, gather evidence on your behalf, and help you prepare for your college sexual assault hearing. Call today to get the legal guidance you need.