College is a challenging time for young adults. With college parties involving alcohol consumption and sometimes drugs, college students are often caught up in sexual situations that can involve misunderstandings and miscommunications. In some cases, these situations result in false accusations of rape or sexual assault.
Sex crime allegations are problematic for anyone. But college students are in a place where their whole lives are ahead of them. A sex crime conviction — or even a charge — could result in the loss of future educational and career opportunities. Make sure you fight these charges aggressively.
At my law firm, I use my decades of experience and in-depth criminal defense knowledge to defend Ohio University college students against sex crime charges. With offices in Athens and Lancaster, I take a strategic, aggressive approach to providing a strong defense against college Rape charges, sexual assault charges, and other sex crime charges brought against college students.
Connect with Andrew H. Stevenson Attorney at Law to book a free initial consultation with an Athens College Rape and sexual assault attorney. I can be reached online or at (740) 654-4998.
I use the term “College Rape” to identify those claims of sexual assault involving persons in college. Although legally there is no difference between a charge of Rape involving a student in college and one that is not, factually College Rape claims tend to have certain commonalities that are typically not found in other claims of rape.
The most common fact I see in College Rape cases is intoxication. Usually both parties have been drinking. This leads to poor judgment, poor communication and poor memory. As a result, individuals falsely believe they were sexually assaulted even though they were not. Be it “buyer’s remorse” or looking to avoid acceptance for one’s own behavior, often young women will make a false claim of rape simply because they had been drinking.
Some young women confuse intoxication with incapacitation, and falsely believe that they were raped just because they had been drinking. This is simply not true. Intoxication is not incapacitation, and the law requires incapacitation. The law requires that the person’s ability to resist or consent be substantially impaired. That is, they are substantially unable to provide verbal or nonverbal consent and/or lack the ability to resist physical force. This is more than simply being intoxicated or drunk.
The second factual element seen in College Rape cases is the issue of Consent. Under the law, a charge of rape requires the use of force or a threat of force. However, because of the indoctrination regarding consent put forth by colleges and universities there is a false belief on the part of some that if they did not specifically provide verbal consent, “say yes,” they were raped.
There is verbal and nonverbal consent. Often one party will provide nonverbal forms of communication that lead the other to believe they are consenting including body movements, clothing removal, or auditory signals of enjoyment. Subsequently, however, the accuser will claim they were raped simply because they were not specifically asked for or provided verbal consent, say, “Yes, I want to have intercourse.” Not specifically saying “yes,” does not make it rape. Rape requires force or substantial impairment.
If you are a college or university student and have been accused of College Rape, you may also find yourself charged with violating the Student Code of Conduct. This will result in what is commonly called a Title IX charge. Title IX mandates that colleges and universities take sexual assault accusations seriously, and they do. As a result, you may simultaneously face both a Title IX charge and possible criminal charges of Rape. As your attorney, I can defend you against both.
I am committed to doing everything possible to eliminate or minimize the damage caused by the rape or sexual assault charges you face. In addition to more than 25 years as a lawyer, I have a Ph.D. in sociology/criminology and extensive knowledge of forensic evidence.
I take great pains to gather all the facts and knowledge necessary to beat the charges for my clients: from interviewing witnesses to evaluating DNA and other forensic evidence in conjunction with other experts in the field.
Always prepared when I enter the courtroom, I use my training and experience in public speaking to deliver factual, impassioned arguments and witness examinations. Additionally, I bring a strong and compelling courtroom presence before judges and juries.
For your initial consultation with Andrew H. Stevenson, reach out online or call him at (740) 654-4998 today to speak with a Athens college rape & sexual assault lawyer.