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Fort Myers Criminal Defense Lawyer / Blog / Sex Crimes / Defenses to Unwanted Sexual Touching Allegations in Fort Myers

Defenses to Unwanted Sexual Touching Allegations in Fort Myers


Sexual battery is one of the most common sexual crimes that you may face in Fort Myers, and often these charges are completely fabricated. Even if you face false accusations, however, you must still approach sexual battery in a serious, efficient way. If you’re not careful, this charge could affect your reputation, friendships, career, and even your finances. People commonly face sexual battery charges in Fort Myers for unwanted sexual touching, and there are many ways to defend yourself in this situation.

The Touching Was Accidental 

A common defense strategy is to argue that you accidentally touched the other person. For example, you might have stumbled and fell forward before reaching out with your hands to cushion your fall. You may have then accidentally touched someone’s intimate areas. Although the victim may believe that you intentionally touched them, the entire incident may have been the result of a serious misunderstanding.

Alternatively, you may argue that you intended to touch the individual’s non-intimate area, but you accidentally touched their intimate area instead. For example, you may have held out your hand to stop someone from walking into traffic, accidentally grazing an intimate part of their body.

Finally, you could claim that you intentionally engaged in sexual touching, but you accidentally came into physical contact with the wrong person. For example, you might have approached someone who you believed to be your partner or spouse in a dark room.

 No Sexual Touching Occurred 

Another obvious strategy is to claim that no sexual touching occurred. You may have never laid hands on the individual, and you may have simply engaged in various forms of verbal flirting. Alternatively, you may have touched a non-intimate area of their body, such as their calf or wrist.

 You Had Consent 

If the sexual touching clearly occurred, it may be more appropriate to argue that you had consent. The individual may have provided you with verbal consent, or they may have given nonverbal cues that implied consent. These nonverbal signs might include nodding, smiling, and so on.

 Lack of Evidence 

Finally, you may rely on the time-honored principle of “innocent until proven guilty.” Due to the intimate, private nature of sexual touching, it may be very difficult to prove that you did not have consent. It may even be challenging to prove that you were alone with the individual. If the alleged victim has no evidence other than their own testimony, prosecutors will struggle to prove your guilt beyond reasonable doubt.

Find a Qualified, Experienced Sexual battery Defense Lawyer in Fort Myers 

If you’ve been searching for a qualified, experienced sexual crimes defense lawyer in Fort Myers, look no further than Foley & Wilson. With our help, you can strive for the best possible outcomes and push back against baseless allegations. While an online article may present several potential defense strategies, the most appropriate course of action depends entirely on your unique situation. Discuss your circumstances today and get started with an appropriate action plan.



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