There are few criminal offenses that carry more stigma and long-term consequences than rape. If you have been accused of this crime, it is vital that you seek out legal counsel right away. The help of a dedicated sex crime defense attorney can ensure your rights are protected throughout this difficult process.
These accusations might leave you feeling hopeless, but the reality is that not every arrest leads to a conviction. False accusations and poor police work can lead to an arrest when none were warranted. To give yourself the best chance at a positive outcome, reach out to an Athens rape defense lawyer like myself.
At its core, the crime of rape involves sexual contact with someone that has not consented to it. However, there are specifics in the law that differentiate this crime from other similar offenses. Understanding these differences is crucial for anyone facing such serious accusations. In Ohio, rape includes any unwanted sexual contact without the consent of the other party. This offense can occur due to the use of force, threats, coercion, or intimidation.
There are different types of rape allegations that can lead to an arrest and conviction. In addition to the use of force, threats, or intimidation, rape charges are also warranted when sexual conduct occurs with a person who cannot consent. This includes someone who is incapacitated due to alcohol, drugs, or illness. Rape charges are also viable when the victim is underage.
Rape is a serious offense that prosecutors will zealously pursue, but there are options for fighting back against these charges. These are the three primary examples of defense for rape charges that I discuss with clients as an attorney in Athens.
At its core, this crime is about nonconsensual sexual conduct. That means evidence that the encounter was consensual is often the strongest possible proof for the defense. This could come in the form of text messages or admissions to other parties that the alleged victim wanted to engage in the act.
False accusations and mistaken identities are a reality, which means that innocent people can be charged for a rape crime they never committed. This defense strategy requires providing an alternate theory of what happened.
Another possible defense approach is available when the state’s theory is that the alleged victim was underage or incapacitated. Evidence to the contrary could be enough to earn an acquittal.
I am committed to defending those accused of Rape. I appreciate the severity of the charge and know how to defend you. As a graduate of the National Criminal Defense College, I have been trained in the most effective methods of cross-examination. Over the years I have honed my cross-examination skills in rape and sexual assault trials. Let me use my 25 years of experience and training to provide you with a strong defense against an accusation of rape or sexual assault.
I recognize and take seriously the fact that the rest of your life is at stake. To successfully defend false allegations of rape, it is imperative that your side of the case be presented correctly. More importantly, the accuser’s story must be carefully examined, challenged, and discredited. Defense counsel must talk with the witnesses, consider the nature and circumstances of the “initial disclosure,” and locate or find the reasons behind the false accusations.
In cases where forensic evidence is available, I will thoroughly examine it to determine admissibility. Was it collected and stored properly? Were the results conclusive? Because of my experience with forensic evidence in complex violent and sexual crime cases, I understand SANE examinations, DNA, toxicology cell phone extraction and computer analysis. I will work with experts, when appropriate, to help prove your innocence.
I defend clients against sex crime charges involving:
Rape convictions bring significant, life-altering consequences. Because this charge is considered a first-degree felony under the law, the sentencing range falls between three and 11 years in prison and a fine of no more than $20,000. Other circumstances can increase these penalties, however. For example, the accused could face the potential for life in prison if the act involved force or coercion.
In addition to the possibility of a lengthy prison sentence, a person convicted of a sex offense is required to register as a sex offender. This is one of the worst and longest-lasting penalties someone faces as a result of a conviction. Being on the sex offender registry makes it difficult to find a decent job, and finding a decent place to live is often impossible. You may be restricted in where you can go or with whom you may associate. In many ways, the sex offender registry means your life as you know it is over. I will use every resource available to keep that from happening in your case.
We all know that rape is a serious crime, but the truth is that not every person accused of it is guilty – they may be the wrong person charged, the act may have been consensual, or the alleged victim might not have been intoxicated like they claim. I am here to be your voice in this difficult time. If you have been accused of having nonconsensual sexual contact with another person, an Athens rape lawyer may be able to help. Call my law firm or reach out online to get started on your case.