Legally, an individual under the age of 18 cannot provide consent to have sex.
The same is true of people who are:
- Mentally retarded
- Unconscious
- Severely intoxicated
In any of these cases, the alleged perpetrator may be arrested, charged with a felony, and sentenced to spend years in prison and register as a sex offender. Fortunately, there are many proven defense strategies that can be used to fight against allegations of rape. For example, it may be possible to demonstrate that you have been falsely accused by a former lover who is retaliating against you for ending the relationship or for being unfaithful.
In other cases, it can be argued that the defendant had reason to believe that the other party had consented, such as if two people began to have sex but the alleged victim failed to communicate that he or she no longer wished to continue. In some cases, it may even be possible to argue that the suspect has been mistakenly identified as the perpetrator in a case where the perpetrator and victim do not have a preexisting relationship.
