Generally speaking, a sexual offence is a sexually motivated touching of another person without that person’s consent. Consent occurs when the complainant voluntarily agrees to the sexual activity in question but there are certain cases where a ‘factual’ consent does not constitute a ‘legal’ consent. For instance, consider a case where the complainant is under a certain age For example a person will charged in POSCO Act if Victim is Below 15 Years of age.
Being charged and convicted of a sexual offence carries a heavy social stigma that can severely impact a person’s reputation and life. Such cases have strong consequences for the accused and are very complex to defend. This is because sexual offences are treated differently different penalties and procedures apply.
To prove a sexual offence, the State has to prove the occurrence of the assault and then establish that the force applied was for a sexual purpose. The Court will look at several factors such as nature of contact, the situation, all the circumstances encircling the conduct, the motives of the accused and numerous other elements. However there is presumption in Indian Evidence Act Also regarding Such Crimes
Without an experienced defence lawyer who has a solid understanding of such cases and the laws of evidence, challenging the credibility of the complainant can be very difficult. Vishal Saini strongly believes in ensuring the right to a fair trial to all accused persons. He has over 8 years of experience in handling such delicate cases. He can help guide clients through the complex legal issues, conducting thorough cross-examination of those called to the stand, and in preparing a strong defence for their trials.