Can a Past Relationship Be Used As a Defense In a Sexual Assault Case?

Understanding Your Legal Options

Being accused of sexual assault can be devestating and can have lasting affects on your life. It is important to know what your options are, especially if the accuser was someone you have previously been in a relationship with. 

In some cases, if you had a past consensual relationship with the accuser, this can be used as evidence in a defense. However, there are many nuances and rules as to whether this is admissible. Understanding when you can and cannot use this evidence is essential and having an assault lawyer on your case can ensure you do not use inadmissible evidence in court. 

Sexual Assault In Arizona & The Importance Of Consent

Sexual assault is defined under ARS 13-1406 which states that sexual assault occurs when an individual knowingly has intercourse or oral sexual contact with another person without consent. Sexual intercourse is when a person penetrates another’s vulva, anus, or genitals with any part of their body or an object. Oral sexual contact is when there is oral contact with the genitals or anus. 

A key component in sexual assault is lack of consent. Both individuals engaged in sexual intercourse must freely agree to the act. If there is any form of force, threat, or intimidation, it is not consent. If one of the individuals is unable to give consent because of mental impairment, intoxication, or being unconscious, it is not consent. Lastly, if one of the individuals is underage, they cannot legally give consent.

How Can a Past Consensual Relationship Help a Defense?

An assault lawyer can use past consensual relationships as evidence for a defense in your sexual assault case. The defense aims to show the context for the accused’s actions and can help challenge the credibility of the alleged victim. However, this evidence must only be used in certain circumstances and must be used carefully. When used appropriately the evidence can help by doing the following:

• Revealing a Pattern Of Behavior & Giving Context: It can be argued that the accused believed consent was present because of the nature of the past interactions. For instance, if the accused and alleged victim engaged in certain behaviors regularly, it can be argued that the accused interpreted consent during the situation.
• Challenging Credibility: It is possible to reveal inconsistencies in the alleged victim’s account of certain behavior or the nature of a relationship. This helps when the alleged victim is saying that certain interactions never happened or if they don’t accurately represent the nature of the past relationship. 
• Refuting Claims Of Non-Consent: In cases where there was consent, but the alleged victim is stating that there was not, proving there was a prior consensual relationship can be evidence that the accused had no reason to believe there was no consent. 
• Establishing a Motive: In cases where there might be ulterior motives for a sexual assault accusation, an assault lawyer can use the past consensual relationship as evidence that there was a desire for revenge after a breakup or some other interpersonal conflict causing the accusation.

Limitations & Challenges To Using Prior Consensual Relationships In a Defense

In Arizona, there are many challenges to using prior consensual relationships as evidence in a defense against sexual assault. Because the state takes sexual assault so seriously, the evidence can quickly become inadmissible. Not only that, but ethically there can be limitations.

Rape Shield Law

One of the main limitations is Arizona’s rape shield law. This law strictly limits the use of an alleged victim’s sexual history. The rape shield law guards against giving the jury a prejudice against the alleged victim. It ensures that sexual assault is seen as sexual assault regardless of someone’s history. 

However, the evidence can be used despite the rape shield law for one of two reasons:

• The evidence must directly relate to proving consent during the alleged incident.
• The court determines that the evidence is strong enough and relevant enough and outweighs the potential harm to the alleged victim.

Consent Is Incident-Specific

Another limitation is the fact that consent is specific to each incident. If a person consents one day, but does not consent another day, it does not mean it was consensual intercourse the second time around. So just because there is a history of consentual situations, does not mean that the one allegation of sexual assault is dismissable.

Perception Of Jury & Court Approval

In addition to the above limitations, whether or not certain evidence used in your defense works will depend on whether or not the jury thinks you are being unfair to the victim by blaming or discrediting them. 

Lastly, in order to bring evidence of a prior consensual relationship, your assault lawyer must file a pretrial motion and the court must approve the evidence to move forward. So while you and your lawyer might think the evidence can be helpful, the decision will ultimately be up to the jury and the court system.

How An Arizona Assault Lawyer Can Help In Your Defense

Assault lawyers are crucial in providing the legal knowledge and expertise needed for a solid defense. A skilled assault lawyer can help in several ways including:

• Conducting thorough investigations into the circumstances
• Gathering pertinent evidence to support your case
• Protecting your rights and freedoms
• Ensuring a fair legal process

Are You Facing a Sexual Assault Allegation? Contact Our Lawyers For a Strong Defense

Sexual assault cases can be sensitive and the legalities can be complex. If you have been accused of sexual assault, whether the person who accused you was in a past consensual relationship with you or not, reach out to our Phoenix assault lawyers at VS Criminal Defense. Our team boasts a track record of success in sex crime cases and has the experience necessary to bring your case to court. 

Don’t hesitate to reach out to our team for a consultation to see how we can represent you during this difficult time.