Rape Attorney: Options for a Defense

Jun 13
07:57

2012

Andrew Stratton

Andrew Stratton

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Just needing to contact a rape attorney can be traumatizing. There are several options for presenting a defense and avoiding prosecution.

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From the moment a rape attorney is contacted,Rape Attorney: Options for a Defense Articles the planning begins for a solid defense. There are all types of factors that need to be considered before a person is convicted of the crime. A lawyer sits down with his or her client and begins to talk about all of the options. In order to provide the best legal representation possible, it is important to learn more about a client, his or her experiences, and the events leading up to the charges.

Assumptions Made About the Accuser

A rape attorney needs to understand the mindset of his client at the time of the incident. For example, if the client is accused of having an inappropriate relationship with someone underage, is could be possible that the defendant believed that he or she old enough to consent. 18 years old is the line in the sand that the law has drawn. Sexual interactions with anyone under 18 are considered illegal. However a defendant could have been deceived and led to believe that a person was older than 18. In these cases, this is a plausible defense.

On the other hand, when one adult accuses another adult of inappropriate sexual contact there could be a question of intent. For example, one person may have believed that the other was a willing participant. Then after the fact, accusations are made. A rape attorney can suggest that his or her client believed that the accused was a willing participant and was in no way forced.

False Accusations

Another type of defense includes suggesting and proving that false accusations are being made. It is obvious that the lawyer wants to show that his or her client is not guilty. While going through the defense, it is suggested or proven that the accusations are false. This includes showing that a person intentionally made up the story in order to hurt the defendant and his or her reputation.

Proof of Intercourse

These types of cases often turn into a "he said, she said," situation. One person says that something happened a certain way. The other denies it. In order to prove that a client is innocent, a rape attorney can force the prosecutor to show that actual intercourse took place. This can be very difficult as physical evidence is often hard to come by. While in many states, proving that intercourse actually took place is not necessary to receive a conviction, it does make the jury think twice about all of the evidence and the testimonies of everyone involved.

The severity of these accusations is reason enough to find the right rape attorney. The charges are just the tip of the iceberg. If convicted, you gain a criminal record and are required to register as a sex offender. These are often consequences that ruin a person's life.

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