Defending Accusations of Date Rape
You thought you were just out having a good time. One thing led to another, and things got very friendly—until the person you were with accused you of rape. You should know that the legal penalties for date rape are exactly the same as for any other rape. From a legal standpoint, the fact that you two knew one another is beside the point, and if you’re found guilty, you could wind up behind bars and be required to register as a sex offender when you get out. The damage to your reputation, along with the emotional devastation of such charges, regardless of the outcome, cannot be overstated. These are consequences that no one wants to live with. If you are facing these charges, now is the time to get a Las Vegas criminal defense attorney who will fight for your rights.
The Battle Ahead
As soon as you realize there could be a legal issue, waste no time hiring an aggressive defense attorney—even before charges are filed. An experienced criminal defense attorney comprehends the law and can support you when you are questioned, asked to submit evidence, and more. Your attorney will also direct you to take some additional steps:
- Remove your presence on any and all dating sites. Resist the inclination to converse with anyone through these sites. (It should go without saying that this is especially important when it comes to your accuser). That’s because when it comes to these kinds of “blind” communications you can really never know for sure if the person you’re talking to is someone unconnected to the case who happens to like your profile, or if it is one of your accuser’s chums or someone working for the prosecution who is digging around to get some muck on you.
- Never discuss the case with anyone. Although you are protected by attorney-client privilege, your friends and family are not. They could ultimately be forced to reveal whatever you tell them in a prosecutor’s interview or during an actual trial.
- DNA evidence will likely NOT be a major factor in the case, if you both stipulate that you had a sexual encounter. The key question in this type of case will be whether the sex was consensual. If your accuser had an examination– called a rape kit– done, the results of that exam may disclose physiological evidence that could either be consistent with your accuser’s claims or that could support your position. Either way, it will be important evidence to scrutinize.
- In situations where there was no physical examination, the case will hang more heavily on witness statements, any records of your communications, and other various other circumstantial evidence accrued by attorneys. Generally speaking, there are strong legal protections for alleged rape victims, meaning it can be difficult to bring up your accuser’s previous relationships or behavior with other individuals.
- We will analyze the facts at hand and attempt to determine if there was a misunderstanding of some kind or if your accuser is manifestly lying. That will require an investigation into any omissions and/or discrepancies in your accuser’s story and highlighting those issues in your defense.
Protecting Your Rights
The diligent, experienced criminal defense attorneys at Lobo Law understand that these charges can change your life forever, and we are ready to go to bat for you. To discuss, schedule a confidential consultation in our Las Vegas office today.
Source:
leg.state.nv.us/nrs/nrs-200.html
