January 4, 2024 By WK Law

Consent vs. Non-Consent: Key Factors In Sex Crime Cases

Sexual assault and rape are serious crimes that can result in severe consequences for both the accused and the victim. In California, consent is a key factor in determining guilt or innocence in sex crime cases. Whether you are being accused of sexual assault or rape, it is crucial to understand the difference between consensual and non-consensual sexual activity.

Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL  for your free consultation!

Consent vs. Non-Consent 

Consent is defined as a voluntary, clear, and unambiguous agreement between the participants to engage in a specific sexual act. This means that all parties involved must be willing and able to give consent without any external pressures or influences. In California, the legal age of consent is 18 years old.

On the other hand, non-consensual sexual activity is considered a crime. It occurs when one participant does not give consent or is unable to give consent due to factors such as intoxication, coercion, or force. In these cases, the accused can face charges of sexual assault or rape.

When facing sex crime charges in California, it is essential to have a strong and knowledgeable defense attorney by your side. A defense attorney will thoroughly review the details of your case and work towards proving your innocence by showing that the sexual activity was consensual. Call our office today for a free consultation!


There are a few key factors that can be used to establish consent in sex crime cases. A defense attorney can look at evidence of prior verbal or nonverbal communication that indicates a clear, voluntary agreement to participate in sexual activity. This could include text messages, emails, or other forms of communication where consent was explicitly given.

Another factor can be the behavior of the individuals involved during the event. For instance, if there was active participation or if the accuser took affirmative steps in furtherance of the sexual activity, it might be argued that there was consent.

Eye-witness testimony can also hold importance. If there were other people present who can confirm that clear, voluntary agreement was given, this can be a significant factor in establishing consent.

Lastly, context plays a vital role. The overall relationship between the accused and the accuser, any relevant past interactions, and the circumstances leading up to the incident can all be analyzed to determine whether consent was given.

However, it is important to note that these factors are merely potential evidence. It falls on the defense attorney to analyze these within the context of the case, and effectively present these to the court. Given the complexity of these cases and the serious implications, representation by an experienced defense attorney is crucial.

In conclusion, consent is a crucial factor in sex crime cases in California. It is essential to have a skilled defense attorney by your side who can help prove that the sexual activity was consensual and defend you against false allegations. If you are facing sex crime charges, do not hesitate to seek legal representation and protect your rights.

Role of the Defense Attorney

When facing a sex crime case, a skilled and experienced defense attorney is your greatest asset. Your defense attorney will not only guide you through every step of the judicial process, but also help establish if there was consent in your case. No matter what sex crime you have been accused of, you need an experienced defense attorney on your side. Our attorneys at Wallin & Klarich have the experience you need. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!

Contact Wallin & Klarich Today 

If you have been accused of a sex crime, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case. 

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

Confidential Consult
  • This field is for validation purposes and should be left unchanged.

SCHEDULE YOUR free consultation

If you or a loved one have been accused of a sex crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.