what lawyer do i need for a rape case?

An experienced and knowledgeable criminal defense attorney will be aware of the possible defenses to a rape charge and the issues that need to be explored. An attorney can: advise you of all your legal rights as a criminal defendant

Full Answer

Do I need a lawyer for a rape charge?

Jan 16, 2017 · Preferably one who practices in the courts where his case is filed. If he/his family can't afford a private criminal defense attorney, he'll likely be represented by a defense attorney with the public defender's office. This answer is for information only. It …

How does a rape defense attorney determine if you are a rapist?

Our sexual assault attorneys at Morgan & Morgan are committed to serving the needs of those who have suffered through a sexual assault or rape. If you have been a victim of sexual assault, fill out this free case evaluation today. Free Case Evaluation Tell us about your situation so we can get started fighting for you.

What should you do if you are falsely accused of rape?

Jan 26, 2017 · For rape, you file lawsuit against them for damages caused by assault, intentional infliction of emotional distress, and/or false imprisonment. But you can also file a lawsuit against other third parties if their actions, or negligence, directly contributed to the crime, including: Landlords, renters, and innkeepers. Employers and businesses.

What are my rights if I am a victim of rape?

Victims of sexual assault in California: How to file a lawsuit. Victims of sexual assault or sexual abuse have the ability to sue their perpetrators for damages. Any type of sex crime can serve as the basis for a civil lawsuit. Common acts that lead to sexual assault lawsuits include (but are not limited to): Rape,

What are the chances of beating a rape case?

What is the most difficult element to prove in a rape case?

How evidence is collected in a rape case?

What can be used as evidence of rape?

What are the elements needed to prove rape?

How long does DNA stay on skin?

How long does sperm DNA last in a woman?

How long does DNA evidence last?

Can you be convicted without physical evidence?

Who can sue for sexual assault, abuse or battery in California?

Anyone who has been the victim of unwanted touching or an unwanted sexual act can sue for damages. Families of victims may also be able to sue if:...

Do I need to file criminal charges first or can I just file a lawsuit?

California law does not require a criminal conviction or even a police report for victims of crime to sue for damages. Victims of sexual assault or...

What is the burden of proof in a civil lawsuit for sexual assault?

In a criminal trial, the prosecution must prove guilt "beyond a reasonable doubt." This can be difficult to do in sexual assault cases, where conse...

How long do I have to bring a civil lawsuit for sexual assault or abuse?

In California, people who were adults at the time of a sexual assault have two years from the date of the assault to sue for damages.

Can another party be held responsible?

When we think of sexual assault, we usually think in terms of a victim and a perpetrator. But the law imposes liability on anyone who violates a du...

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.

Can you sue your spouse for sexual assault?

Additionally, if you were sexually assaulted, this may have an effect on your spouse. You may be able to sue on behalf of a spouse who suffers from anger, loss of sexual intimacy, fear, and resentment. These feelings cause a rift in your marriage and could even destroy the relationship.

Is it the victim's fault that they were raped?

The most important thing you should know is that it is never the victim’s fault that they were sexually assaulted or raped. Our sexual assault lawyers understand that keeping your case as confidential as possible is necessary.

Why don't people report sexual assaults?

Many people may not report a sexual assault because they don’t believe that what happened to them is an assault in the eyes of the law or they think the authorities won’t believe them. Others may not report a sexual assault because they are afraid of public scrutiny.

Is sexual assault a civil or criminal charge?

Criminal and Civil Claims. While sexual assault is a crime, the burden of proof in criminal court is high. The assault must be proved without a reasonable doubt. However, this crime may also be prosecuted in civil court.

Is sexual assault a crime?

While sexual assault is a crime, the burden of proof in criminal court is high. The assault must be proved without a reasonable doubt. However, this crime may also be prosecuted in civil court. Even if the perpetrator receives a sentence in criminal court, you may be able to sue them in civil court for compensation. You could receive remuneration for:

What is sexual assault?

First, sexual assault means any nonconsensual act that is defined by federal, state, or tribal law, even if the victim cannot consent to the sexual activity. Rape and sexual assault are rarely crimes of passion. They are about gaining control over the victim.

Can you sue someone for rape?

For rape, you file lawsuit against them for damages caused by assault, intentional infliction of emotional distress, and/or false imprisonment. But you can also file a lawsuit against other third parties if their actions, or negligence, directly contributed to the crime, including: Landlords, renters, and innkeepers. Employers and businesses.

What is rape shield law?

Most states have enacted ‘rape shield laws’ that prevent your sexual history from being brought up in trial. Also, while the matter of alcohol and drugs in your system might come up you will not have nearly the same amount of the scrutiny directly upon you as the victim.

Can a victim sue for sexual assault?

Victims of sexual assault or sexual abuse have the right to sue their perpetrators for damages. Any type of sex crime can serve as the basis for a civil lawsuit. Common acts that lead to sexual assault lawsuits include (but are not limited to): Rape, Sexual abuse of a child, Groping ( sexual battery ),

What is the number to call for child abuse?

You can also call the Childhelp National Abuse Hotline at (1-800) 4-A-Child (800.422.4453). The hotline is staffed 24/7.

What is malice in tort?

(1) “Malice” means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.

Can a sexual assault victim file a civil suit?

Some survivors of sexual violence may choose to file a civil lawsuit for money damages against perpetrator (s) of sexual violence. Unlike a criminal investigation, a civil suit is a private legal action that you initiate. Civil actions generally require a lower standard of proof (preponderance of the evidence) than criminal cases ...

How does the criminal process start?

The criminal process usually begins with a victim reporting the incident to police and the prosecutor will determine whether or not there is enough evidence to start a criminal case. Each state defines crimes of sexual violence, including rape and sexual assault, differently and has different statutes of limitation.

What is civil action?

Unlike a criminal investigation, a civil suit is a private legal action that you initiate. Civil actions generally require a lower standard of proof (preponderance of the evidence) than criminal cases (beyond a reasonable doubt). You may wish to initiate a civil suit to seek compensatory damages ...

How many prongs are there in deciding whether or not a criminal assault can be pursued as a

There are three prongs in deciding whether or not a criminal assault can be pursued as a personal injury case. In Virginia, where Colleen practices, she looks at liability, damages and collections.

Can an employer be held liable for assault?

Employers may be held liable in assault and battery cases if an employee acting in the scope of his or her employment, within the ordinary course of business, commits an assault. Employers also have a duty to inquire as to the employee’s “past record, habits, or general fitness for the position” of hire.

What is a trusting patient?

A trusting patient with an unscrupulous doctor; a train passenger trying to enjoy a peaceful journey; and a young woman sleeping in her own home. All victims of sexual assault committed by perpetrators who were later found liable for their crimes.

Is assault a civil cause of action?

Most states recognize a civil cause of action for assault and battery. For example, a victim of sexual assault may bring an action for false imprisonment against a perpetrator of a sexual assault if the victim had his or her freedom of movement restrained during the attack.

What is significant injury?

Significant injuries; alleging mere fear is insufficient. Psychological or emotional damages supported by testimony of medical professionals. Lost wages and earning capacity, medical bills, counseling bills, loss of household services and prescription and medication costs.

What Constitutes a Rape Offense in Washington?

In order for a person in Washington to be convicted of rape, there must be indisputable evidence that they engaged in some form of non-consensual sexual penetration. With the help of an astute criminal defense lawyer, it’s possible to have rape charges completely dismissed under some conditions.

Classifications & Penalties for Rape Offenses

Aside from the “Indecent Liberties” classification, all rape classifications involve a perpetrator engaging in forcible, non-consensual sexual intercourse with a victim. The degree of the offense is determined by other circumstances of the incident.

What Evidence is Needed to Make a Conviction?

A few things must be proven in order for the judge to hand down a rape conviction. First, the State of Washington must prove that sexual intercourse undoubtedly occurred between the defendant and the alleged victim.

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...

See more on criminaldefenselawyer.com

What Not to Do

Possible Consequences of Being Charged with Rape

How Legal Representation Can Help