how does a defense lawyer build a case against a rape charge

How can a criminal defense attorney help you against rape allegations?

Aug 11, 2017 · The defense attorney must vigorously challenge the identification procedures used by the police with pretrial motions. A far more common type of rape allegation arises in situations where the accuser and the accused know each other. The law makes the crime simple but the human dynamics are far more complex.

What happens after a rape case is charged?

Aug 28, 2018 · Consent is one of the most common defenses to allegations of rape or sexual assault. Consent is most likely to be used when the defendant and the alleged victim knew each other prior to the conduct in question. Consent simply means that the alleged victim agreed to the sexual conduct.

What are the defenses to rape and sexual assault?

One of the defenses to one form of Rape in the Second Degree is what the law calls an affirmative defense—a defense on which the defendant, not the prosecution, bears the burden of proof. If the charge is based on evidence that the complaining witness was unable to consent to intercourse due to mental incapacity or physical helplessness, it is an affirmative defense that the …

How will my lawyer determine if I am a rape victim?

Mar 26, 2008 · In one case, a man was having an affair. He decided to go back with his wife. His angry girlfriend accused him of rape after he announced his decision, immediately after they had sex. She later realized the gravity of the charge. She tried to tell the police it was a mistake.

What is the best defense for rape?

Innocence. An innocence claim is a fundamental defense for all crimes, including rape and sexual assault. The innocence defense is simply stating that the defendant did not do the allegedly criminal action. One way an innocence claim can arise is in the context of an alibi defense.

What are the chances of beating a rape case?

The most reliable data on conviction rates comes from a Justice Department study that analyzed convictions between 1990 and 2009. That study concluded that rape trials end in conviction around 35% of the time. Taken together, this means that only about 0.8% of assaults lead to a conviction.Sep 15, 2019

What factors hinder a defense attorney?

The Challenges of Defense Attorney CareersNegative Public Perception. Media coverage of crimes and suspects poses challenges for defense attorneys. ... Difficult Clients. Challenging clients and their families are often more taxing than public misconceptions, though. ... Limited Time and Resources. ... Job Pressure and Stress.

What is the minimum sentence for statutory rape in South Africa?

The law states that first-time rape offenders (without any aggravating factors) will receive a minimum sentence of 10 years. Second offenders of rape will receive a minimum of 15 years.

Can police press charges if victim doesn't want to?

Unfortunately, it is a myth that victims must want to press charges for you to be prosecuted. Even if the victim tells the prosecutor and police that they do not want to press charges, a domestic violence case can still be pursued against you.Oct 27, 2021

What are the hardest cases to prosecute?

Compared to other criminal cases, date rape charges are among the hardest to prosecute, and not for lack of caring by the legal industry.

What is a disadvantage of being a defense lawyer?

Defense attorney's often get a harsh reputation due to media scrutiny: defending the accused is not always an easy job and having a client's freedom or future resting on your abilities can be quite stressful.

Can defense attorneys investigate?

In addition to using court discovery procedures to obtain evidence from the prosecution, defense attorneys have a duty to investigate their clients' cases. Effective lawyers will gather evidence of their own in preparation for trial—and even to see whether the client has a reasonable chance of winning at trial.

What is the primary responsibility of the defense attorney?

According to the American Bar Association, the primary responsibility of a criminal defense attorney is to advocate for their clients and defend their rights.Jul 8, 2021

How is statutory rape proven?

To prove statutory rape, the prosecution needs to establish three facts beyond a reasonable doubt: Intercourse occurred. Parties were not married. The victimized party was below the age of consent at the time.

Can statutory rape charges be dropped in South Africa?

When you accuse someone of statutory rape, you will likely report the details of the incident to the police. Once you have provided statements to the police, you cannot simply go back and get the charges dropped.Dec 18, 2017

How does statutory rape work in South Africa?

The official age of consent, however, is still 16. This means that adults (in South Africa, an adult is someone over the age of 18) cannot have sex with minors (12, 13, 14 and 15). Statutory rape then is a form of rape that occurs when someone older than 16 has a sexual relationship with a minor.

What happens when you are accused of rape?

When a person is accused of rape, it can feel as though life has come to a stop —and may never restart. Any serious felony charge raises the specter of long imprisonment. This charge also goes to the heart of a person’s reputation. Tremendous stigma, as well as loss of liberty, can result.

What is rape in the first degree?

Rape in the first degree is committed when a person has sexual intercourse with another person: By forcible compulsion; and. either the perpetrator or someone helping the perpetrator—. uses or threatens to use a deadly weapon or what appears to be a deadly weapon, or. kidnaps the victim, or. inflicts serious physical injury, or.

What is the second degree of rape?

feloniously enters a building or vehicle containing the victim. Rape in the second degree is committed when a person has sexual intercourse with another person:

What does "supervisory authority" mean?

has supervisory authority over the victim, or. was providing transportation, within the course of employment, to the victim at the time of the crime; or. When the perpetrator has intercourse with the victim while providing health care treatment to the victim; or.

What happens if you are convicted of rape?

In addition to criminal consequences, a person convicted of rape could: lose employment. lose professional licenses such as a license to practice law, medicine, social work, psychology or other professions. lose custody of children and be permitted to have only supervised contact with children, and.

What does a criminal defense attorney do?

An attorney can: advise you of all your legal rights as a criminal defendant.

Provide an Alibi

Having an alibi may be the best possible defense to false rape allegations. If you were not present at the location of the crime at the time it was committed, you may be able to use the alibi defense.

Use Witness Testimony

Witnesses could be crucial in helping absolve you of false rape allegations.

Have Character Witnesses Testify About Your Good Character

Character witnesses are witnesses that may not have been present at the time of the alleged rape, but they can testify regarding your character. Having witnesses testify as to your good moral character could persuade a jury that you are not the type of person who would commit the crime of rape.

Receive a Medical Evaluation

An experienced rape defense attorney may have you undergo an evaluation by a medical professional who will determine if you fit the profile of someone who would commit the crime of rape.

Attack DNA Evidence

Many rape cases rely on DNA evidence to prove the defendant is guilty of rape. Your experienced rape attorney may be able to challenge the use of DNA as evidence by calling into question how police handled the evidence.

Establish Whether the Alleged Victim was Intoxicated

Many false accusations of rape occur when one or both parties involved in the act of intercourse were under the influence of drugs or alcohol. If the alleged victim was intoxicated, then his or her ability to accurately recall events will be in question.

Provide a Record of Your Contact with the Alleged Victim

In order to show that the sexual intercourse between you and the alleged victim was consensual, you should provide your rape defense lawyer with any text messages, social media posts and any other electronic communication you had with the alleged victim before and after the alleged incident.

Frequency of False Rape Allegations

A common estimate of the amount of false rape allegations is about 2% of all reports of rape.

Gray Area of Rape Allegations

Where rape allegations are concerned, there is a gray area in some cases. These gray areas include what could be considered mixed signals, memories deluded by alcohol, and the misunderstanding of what actually constitutes a sexual assault.

Impact of False Rape Accusations

Although rape allegations are never something that should be taken lightly, neither are unfounded rape accusations. Even being falsely accused of rape, the results can have tragic consequences. For example, California football star Brian Banks spent five years behind bars after classmate Wanetta Gibson accused him of rape.

Fighting False Rape Accusations

If you feel you have been wrongly accused of committing rape, you must take the rape allegations seriously. Even if you feel the allegations appear ridiculous, the consequences from them can be long-lasting. In addition to being sent to prison, you could face fines as well as loss of your job.

Stay Away From the Accuser

Stay away from the person who is accusing you until you can legally defend yourself. Chances are an evidentiary hearing will happen that will permit you to state your side of the rape accusation case. Until this occurs, stay away from your accuser to prevent them from making any further accusations against you.

Control Your Emotions

It’s both an angering and frustrating thing to be accused of rape. However, you need to learn how to keep your emotions in check, which means taking responsibility about what your next steps are and learning how you can protect yourself. Don’t contact your accuser in an effort to defend yourself. It’s important to keep your head and emotions calm.

Assess Any Possible Motives

As you work with your attorney, try to discover what your accuser’s motive is for falsely accusing you of the rape allegations. Many times an ex who is jealous will attempt to get back at their partner for assumed slights.

What is 9.1-902?

A. Every person convicted on or after July 1, 1994 , including a juvenile tried and convicted in the circuit court pursuant to § 16.1-269.1, whether sentenced as an adult or juvenile, of an offense set forth in § 9.1-902 and every juvenile found delinquent of an offense for which registration is required under subsection G of § 9.1-902 shall register and reregister as required by this chapter. Every person serving a sentence of confinement on or after July 1, 1994, for a conviction of an offense set forth in § 9.1-902 shall register and reregister as required by this chapter. Every person under community supervision as defined by § 53.1-1 or any similar form of supervision under the laws of the United States or any political subdivision thereof, on or after July 1, 1994, resulting from a conviction of an offense set forth in § 9.1-902 shall register and reregister as required by this chapter.B. Every person found not guilty by reason of insanity on or after July 1, 2007, of an offense set forth in § 9.1-902 shall register and reregister as required by this chapter. Every person in the custody of the Commissioner of Behavioral Health and Developmental Services, or on conditional release on or after July 1, 2007, because of a finding of not guilty by reason of insanity of an offense set forth in § 9.1-902 shall register and reregister as required by this chapter.C. Unless a specific effective date is otherwise provided, all provisions of the Sex Offender and Crimes Against Minors Registry Act shall apply retroactively. This subsection is declaratory of existing law.

Is marriage a defense to rape?

They then go on to create a false rape accusation that may turn into criminal charges. Marriage is NOT in itself a defense to rape. College Campus / University Rape Allegation Attorney Representation.

Is sexual battery a felony in Virginia?

An attempt to commit aggravated sexual battery shall be a felony punishable as a Class 6 felony.C. An attempt to commit sexual battery is a Class 1 misdemeanor. Virginia Law § 18.2-90. Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty.

Mark M Cheser

The best bet is to call around. Much more information is needed. But ask yourself, how many hours do you want your attorney to spend on the case. Good rule of thumb is a minimum 2 days (16 hours) prep for every day of trial. A sex assault trial is about 6 days. (36 hours). So 132 hours ( prep plus trial time) is about minimum.

Santos A Perez

No such thing as a "freeze" in office consultations. They are freely available in fact. And free. This seems to be a 1st degree charge - average probably around 35K give or take. Range is 25K to over a million depending on a host of factors too numerous to discuss here (among them whether client can afford the fee). Good luck...

H. Scott Aalsberg

No average cost, in general the cost will vary greatly based on the experience of the lawyer you choose, the lawyers success rate, whether he case is a plea or trial, past record of the client if any and the quality of the lawyer you choose, a better Lawyer like in anything else will generally cost more.

What to Do First

• If you have been charged with rape, you should retain an attorney as soon as possible. You should also: 1. gather and preserve any physical evidence relating to the alleged victim and the incident (clothing, photos, videos, and objects) 2. gather and preserve any documents or records that could relate to the case, such as letters, emails, records t...

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What Not to Do

Possible Consequences of Being Charged with Rape

How Legal Representation Can Help