A true statement, “The charge of rape is easily made, but almost impossible to defend.”
Rape is sexual intercourse that is forced on a person against their will or consent. This can also be referred to as sexual battery, sexual assault or criminal sexual penetration.
When you think of rape in general, you think of the guy jumping out in the dark dressed in black and attacks the girl. Not necessarily true these days. Dads, teachers, friends, coworkers or anyone that you are in contact with every day. However, there are so many times when these people had consent or thought they did before intercourse. The police show up and arrest them. They are freaking out. At that point, they need to contact a rape defense attorney.
To consent is like FRIES:
Freely Given
Reversible
Informed
Enthusiastic
Specific
You have the say in what takes place with your body. NO means NO!
The legal age of consent, age at which an individual can legally consent to sexual intercourse under any circumstances, varies in the US. The ages vary from 16 to 18 years old.
There are some who are deemed incapable of giving consent. Mentally ill, developmentally disabled and physical helpless are incapable. Also, minors under 15 years of age. Physically incapable people are drunk, drugged or unconscious.
The sad part is most rape victims know the attacker. Courts and jurors are more likely to convict the stranger that jumped out at them. It is hard to prove a lack of consent in acquaintance rape.
In rape cases, the prosecutor has to prove to the jury that the victim did not consent to the sexual activity, a force was used and there was intent to rape the victim.
It is possible to use the reasonable belief defense. That is when the defendant, even mistakenly, believed the victim consented. At that point, he believed that he was having consensual intercourse and had no rape intent. However, if the defendant believed it was consensual, he would not have used any intimidation or force during the activity.
If the parties agree that they went out on a date and had sex, but one says it wasn’t consensual, even DNA can’t help at this point. This would be a simple answer in a stranger rape.
The real answer comes in the rape kit taken at the hospital. This is a 4-6 hour exam performed by a doctor or nurse. The victim stands on a large piece of paper and undresses, just in case hair or fibers fall. Then, the clothes are sent for testing. Blood, saliva, semen, urine, hair and skin cells are taken. Also, their hair will be brushed and underneath their fingernails cleaned out. Pictures will be taken of every part of their body for evidence of injury.
Sometimes rape accusations are an attempt to cover up something or even a cry for attention. The victim might be trying to just get even with the defendant.
If you are accused of rape, no matter how crazy it might sound to you, these are serious charges. The very first thing for you to do is contact a rape defense attorney. He can guide you on how to proceed from here.
Most importantly, stay away from the accuser. They can always make more accusations against you. Keep your emotions calm.
Try to figure out the reason for the victim’s accusations. Were drugs or alcohol involved to make the situation hazy? Would she be wanting to get back at you for something?
Tell your rape defense attorney everything about the situation, even details you don’t think are important. Were there witnesses to what led up to the situation? Are there alibis?
He will tell you what your strengths and weaknesses are. If you are found guilty, the attorney will be able to negotiate a plea deal for you. He can explain the risks of a possible conviction and punishment if you are found guilty. Your attorney will be constantly working to make sure that your best interests are met.
