If you have been accused of rape, the resulting consequences can upend your life for years to come. The allegations alone can be devastating, but that pales in comparison to being found guilty at trial. For some, a conviction could mean spending the rest of their life in prison.
The state will aggressively seek to convict you, but you should not fight them on your own. Relying on the support of an experienced sex crime defense attorney could help you get the best possible outcome. Instead of representing yourself, let me vigorously fight for your rights as a Logan rape defense lawyer.
In Ohio, rape involves a sexual conduct with someone who has not consented to it. Unwanted sexual acts might involve the use or threat of force, including with a weapon. Alternatively, these crimes might occur due to the use of coercion or intimidation. Regardless of the specifics, nonconsensual sexual acts are a crime.
The law is also clear on what qualifies as sexual conduct, and it is not limited to intercourse. Any form of sexual penetration, whether by an instrument or a body part, qualifies as sexual conduct for the purposes of this offense. Any degree of penetration is enough for a crime to be committed.
Not all acts of rape are the same. Many cases involve acts of force or coercion, where the alleged victim has not consented but is unable to stop what is happening. However, other cases can involve situations where a person lacked the capacity to consent to sexual activity in the first place.
A common example of this involves a person who is unable to agree to sexual conduct due to an intellectual disability or chemical impairment. Alternatively, this might also involve a person who is not old enough to consent to sexual activity, as rape charges can be brought in cases involving an alleged victim under the age of 13. This is generally referred to as statutory rape.
While the circumstances might differ, the severity of each of these circumstances is the same. A conviction for rape can lead to lasting consequences that go beyond hefty fines and years in prison. As a rape defense attorney in Logan, I can review the evidence against you and provide insight on the best way to fight back.
Anyone accused of rape is entitled to a vigorous defense, but the particular strategy they attempt must depend on the facts of the case. Some strategies might be viable in some cases but out of the question in others. There are three primary rape defenses that a person in Logan can use to refute the charges.
Consent is one of the most powerful defense strategies in a rape case. This crime is based on the allegation of non-consensual sexual conduct, so evidence that the other party was a willing participant (such as video or textual evidence) can lead to an acquittal. However, this defense is not viable in situations involving underage victims.
The state must establish evidence of guilt in a rape case beyond reasonable doubt. This high burden is not easy to meet, which makes for a potentially viable defense strategy. There are times when the best way to approach these prosecutions is by pointing to the weakness of the evidence, as opposed to coming up with other suspects or theories.
It may be possible to have certain evidence collected by law enforcement excluded at trial if the rights of the defendant were violated. Illegal searches and seizures by the police can lead the court to rule any evidence found as inadmissible.
The support of legal counsel can make a tremendous difference in the outcome of a criminal case. Our efforts go beyond appearing in court or handling the trial, if there is one. The work of an attorney starts right away with a thorough investigation of the state’s case. There is typically a police report outlining the allegations against the accused, as well as any evidence the prosecutor plans to rely on.
The investigation is important because these details guide the defense on selecting a strategy. There is no one-size-fits-all approach to these cases, and a lawyer must craft their strategy based on the available evidence.
In some situations, it might become clear that the state has enough evidence to secure a conviction, such as DNA evidence. When this happens, the best path forward might be negotiating a plea bargain. Legal counsel can handle the negotiations and offer advice on whether a deal is worth accepting or not.
The most important time to have the support of an attorney is at trial. The rules of evidence are complex and archaic, and even a minor mistake could be costly. As an attorney who handles rape defense cases in Logan, I can help build the strongest possible case for you at trial.
As a baseline, someone convicted of rape in Ohio will face a mandatory prison term of 3 to 11 years. This is because rape is considered to be a first-degree felony under state law. That said, other circumstances can increase the minimum and maximum terms of imprisonment. Some factors that can increase the consequences of a guilty verdict include:
In the most serious cases, a person convicted of rape may face mandatory life in prison, potentially including the loss of any ability to secure parole in the future. This makes it all the more critical that I represent you in this serious situation.
If you have been accused of rape, building the strongest possible defense is crucial to your freedom. Any delay can negatively impact your ability to fight back, which makes it imperative to seek out legal counsel as soon as possible.
Our firm is proud to advocate on behalf of the accused, and we have the track record to prove we understand how to build a winning defense in a rape prosecution. In recent years, I have not only won at trial but also helped prevent charges from being filed in the first place. Contact us right away for a private consultation and learn how I can help you as a Logan rape defense lawyer.