what shoud a defense lawyer ask a rape victim

Full Answer

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

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. Many rape cases rely on DNA evidence to prove the defendant is guilty of rape.

Can I use a defense to rape charges?

This communication may show that you had a good faith belief that the sex was consensual. Your experienced rape attorney will be able to see the statement the alleged victim provided to law enforcement with details about the alleged rape. If there are inconsistencies in the alleged victim’s story, you may have a valid defense to rape charges.

What are some questions you should never ask a rape victim?

Almost one-third of all rape victims developed PTSD sometime during their lifetime, and more than one in ten rape victims still has PTSD today. With that being said, I would like to bring to your attention the questions you should never ask a rape victim. You never truly understand the impact these questions have. 1. "Why did you let it happen?"

What are the best defenses to false rape allegations?

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.

What are the immediate needs of a rape victim?

Immediate needs after sexual assault include safety and privacy in the first instance, followed by treatment of injuries and prevention of unwanted pregnancy and sexually transmitted infections, including human immunodeficiency virus.

What are the four aspects for the care of a rape victim?

The possible components of care should be clarified for the patient, i.e. medical screening exam for injury, prophylactic treatment of sexually transmitted infections (STI), pregnancy prevention, and a MFE, and how receiving one is not dependent on another.

What is defense of rape?

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.

What does SA victim mean?

DV/SA stands for Domestic Violence/Sexual Assault. Sitkans Against Family Violence (SAFV) provides temporary shelter and comprehensive, trauma-informed services for survivors of domestic violence and/or sexual assault.

Which of the following is true about the cycle of intimate partner violence quizlet?

Which of the following is TRUE about the cycle of intimate partner violence? The cycle involves a tension-building phase during which the worst battering occurs. In the remorse/reconciliation phase, the batterer tries to teach the partner a lesson by inflicting severe pain.

What is the importance of medical experts?

It illustrates the need to thoroughly organize, and coherently present the evidence to the jury. It illustrates the fact that an important witness that has lied can be discredited, by showing the jury her lies .

How old was Russell when he was accused of a crime?

It is easy to tell one more lie before the gravity of the accusation becomes apparent. Russell, was (and as of this writing still is) only 19 years old. In August 1999, he went to a party with a friend. The parents of the boy giving the party were out of town.

How old was Laura in the party?

Several other boys and girls came, all teenagers, some over, others under 18. About midnight, only Russell, three other boys, and a 17-year-old girl, Laura (not her real name) were left.

Why is a person nervous when testifying?

We look for nervousness. A person accused of a crime has a tremendous motive to lie, since his freedom is at stake. For the same reason, he will almost certainly be nervous while testifying. Add to these factors innocent, inadvertent misstatements, and a jury will believe that even the most honest person is lying.

Can a hasty accusation be retracted?

Many circumstances occur where a hasty accusation cannot be retracted. 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.

Is it just her word against mine?

The old expression "its just her word against mine", simply doesn't work anymore. Female Nurse Practitioners often serve as "experts" for the prosecution. In my view, at least, they simply do not have neither the skill, nor the objectivity to serve in that capacity.

Can a victim have a psychological examination?

He can no longer have a psychological examination of the "victim" ordered by the court. There is no longer any requirement that a person accusing another of rape have any evidence other than just her word. The old expression "its just her word against mine", simply doesn't work anymore.

How long did it take to get Yee Xiong in jail?

Damon Scheleur for Huffington Post/Getty Images. It took four years and two rape trials to send Yee Xiong’s attacker to jail. And to get there, Xiong says she felt continuously attacked by the defense attorney.

Who were the Vanderbilt football players who were convicted of rape?

In Tennessee, former Vanderbilt football players Corey Batey and Brandon Vandenburg were found guilty this year in connection with a gang rape of an unconscious woman in a Vandenburg’s residence hall, while the two others accused in the crime, Brandon E. Banks and Jaborian “Tip” McKenzie have pled not guilty and await trial.

Who is the woman that has the most in common with the accused rapist?

Smith, a self-described feminist who has represented accused rapists, concedes sometimes in a courtroom the person she has the most in common with is the woman she’s about to cross-examine and accuse of lying or being mistaken about a sexual assault claim.

Who released the victim impact statement?

An excerpt of the statement from the victim in the Vanderbilt rape case. The Vanderbilt woman, who remains anonymous, released her victim impact statement in full that she read in court prior to Batey’s sentencing this month.

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.

What is the role of a juror in a criminal case?

Your role is to create reasonable doubt — nothing else. You’re not there to save the world from potential sexual predators. You’re there to save your client from being convicted. In these types of cases, a juror’s age impacts his or her ability to think through reasonable doubt and not presume guilt.

How long does it take to get acquitted of a rape?

They acquitted after only three hours. Any rape case is tough for both defense and prosecution when the defense is consensual sex. It’s tough because there are often no injuries or witnesses other than the parties involved and often no relevant forensics.

What is the decision of non-guilt?

A decision of guilt or non-guilt can ride on a whim or prejudice or feelings about #MeToo. That’s why picking the right jury is everything. You need people who will challenge the complainant, believe in the presumption of innocence, and not see the defense attorney as a devil. Challenging the credibility of the complainant is also key.

What to do when a rape victim comes forward?

When a rape victim comes forward and is open to talking with you about what happened to them, do not ask the questions, let them speak for themselves. All the questions you have may be answered by the end of the conversation. If they are comfortable and can trust you, they will open up and use you as a source of healing.

Should you respect someone's body and mind?

This is another question that is extremely upsetting to me. You as a human-being should respect another person's body and mind when they are under the influence. You should never try to pursue someone who is incoherent and not able to make decisions for themselves. If someone is unable to give you consent you are taking advantage of their unconscious body.