Too many people find out the hard way that it is easy to make a rape claim, but it is nearly impossible to defend against. Let’s say that a woman says she was followed into a dark alley and the act occurred, and she has a feeling that it was somebody close to her – sometimes a boyfriend, family member, or a neighbor. When it is reported to the police, whoever is found to be responsible under their discretion will be sitting behind bars with thousands or even hundreds of thousands in bail with rape charges. This same man will speak to his attorney, who will tell him that taking a guilty plea will mean a two-year prison sentence and have to register as a sex offender for the rest of his life – and, if that same man pleads not guilty, they will get much worse. Of course, each case is different but this is what happens to many men each year when they are accused of rape.
Actions You Should and Shouldn’t Take
After you receive rape charges, there are some steps that you should take. Rape is a serious felony charge and should be addressed immediately by an attorney who specializes in it. Here are some steps to take after speaking with an attorney:
- Gather and preserve any physical evidence that you can such as clothing, photos, videos, and objects from that night or with the alleged victim
- Gather and preserve documents or records that could relate to the case, including letters or emails that show where you were at the time of the incident
- Make a list of possible witnesses like people who had access to information about the incident
However, there are some things that you shouldn’t do. This includes:
- Trying to talk to the victim or having contact with the victim from the case
- Talking to law enforcement without an attorney
- Asking for testing that is not mandatory, such as DNA testing
Preparation of a Defense
An investigation will begin after an alleged rape occurs so that law enforcement and the prosecutor’s office can charge the person with the crime. Some of the things that they will look into include whether or not the victim is lying about the event, whether the victim possibly misidentified the offender, whether the defendant has an alibi, and whether evidence establishes that the incident did not occur. Having a good attorney on your side can show you that they are aware of the possible defenses that you may have regarding your rape charge.
In some cases, you did not actually commit the crime because it was somebody else and you were not even there that night. In other cases, maybe the sexual activity that did occur was completely consensual. Does saying “no” constitute a lack of consent as soon as it is spoken, or must the victim object more vigorously than that? Sometimes the defense can even argue that they are mentally ill and did not have the capacity to control his behavior.
Have you been falsely accused of the very serious crime of rape and you wonder what you can do about it? Hire an experienced attorney on your side today to help you every step of the way. At The Law Office of Peter Blair, we can assist you any way you need. You can avoid serious penalties if you did not commit the crime and we can help you prove your case.