what lawyer do you need for rape defense

by Prof. Jovani Schuster 4 min read

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.

What kind of lawyer defends the guilty?

Criminal Defense LawyersCriminal Defense Lawyers Represent Both the Guilty and the Innocent. In the U.S. criminal justice system, a defendant is innocent until proven guilty. The prosecutor must prove a defendant's guilt. Defendants do not have to prove their innocence.

What is the most common defense to the crime of rape?

InnocenceSexual Assault Defenses: Innocence In a sexual assault case, the most basic defense is a claim of actual innocence. A defendant may argue that they could not have committed the crime because they were in a different location at the time the alleged crime took place.

What kind of evidence is needed for rape?

An individual's identity can be obtained from sweat, skin, blood, tissue, hair, semen, mucus, saliva and almost any biological sample. The evidence collected at the crime scene and during the medical examination of the victim is crucial to obtaining DNA evidence that may identify the perpetrator.

What's the difference between rape and statutory rape?

What is the law in California? In California, statutory rape is defined as unlawful sex with a minor under 18 years of age. Unlike in many other states, non-consensual sex with someone who is mentally or physically incapacitated is considered rape in California, rather than statutory rape.

How do you defend a rape case in court?

Three main defenses can be used to fight a rape charge: innocence, consent, and insanity. 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.

What are the two elements required for a consent defense?

Two elements are required for the consent defense: the defendant must consent knowingly (cannot be too young, mentally incompetent, or intoxicated) and voluntarily (cannot be forced, threatened, or tricked).