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Sexual Assault: Lack Of Consent Or Intoxication

Claiming that a sexual encounter was consensual can be an effective defense against a sexual assault charge, but it requires working with a lawyer who is willing to go to trial.

At the law office of Christopher T. Van Wagner S.C., in Madison, I prepare every case with the intention of going to trial if necessary to obtain the best possible outcome. I have gotten a number of cases dismissed or charges reduced without a trial. Not every criminal defense attorney is able to accomplish this. I am an experienced litigator and a former prosecutor with extensive trial experience. I will advocate aggressively on your behalf if necessary.

Handling He Said/She Said Cases

Cases in which a victim alleges lack of consent often involve alcohol consumption and a claim that the victim was unable to provide consent. It is important to understand that not only can charges stem from a person's accusation that a sexual encounter was not consensual, but a jury can convict based solely on one person's word.

If you have been questioned regarding an accusation of sexual assault — even if you have not been arrested — it is important to contact an experienced criminal defense attorney immediately. The presumption of innocence that is theoretically a cornerstone of the American judicial system often seems to disappear in sexual assault cases. As a practical matter, never make the mistake of saying, "It's just a he said/she said. I can handle this." You need to work with an attorney who knows how to develop a strong defense strategy and who is prepared to go to trial.

Take The Important First Step

Every case hinges on the unique facts involved. I invite you to call 608-620-6239 or email me to schedule a free consultation. I will review the facts involved in your case and recommend an effective course of action.