Few criminal charges carry the social burden or criminal penalties that are associated with the crime of rape. As such, it is critical to mount the most robust rape charges defense as soon as possible if you are arrested or under suspicion for this offense.
Just the stigma of being under investigation can cause a rush to judgment and destroy your entire life unless you move quickly to counter the allegations against you. Regardless of your situation, you could be facing a legal battle that could take years to fight, and in a best-case scenario, to clear your name and remain free from criminal penalties.
As defined by law, rape is said to have been committed when non-consensual intercourse takes place by physical force, threat of injury, or other duress. Many states have broadened the definition of rape so that marriage, gender, and force are not relevant. The lack of consent is the crucial element.
Potential rape charge defense strategies
An experienced rape charges defense attorney will look at the facts of the case and determine the best defense strategy based on those facts. There are several possible tactics that can be used.
It was consensual. The most common defense strategy is that both parties agreed to have sex. Even if one party later changes their mind, if it can be shown that this action was not adequately conveyed, a jury may be swayed by a vague or unclear interpretation of intent.
A defendant is falsely accused. Sometimes, this takes place when one person becomes angry at a defendant; and since the standard for accusing someone of rape is low, the ability to show or prove the false accusation may not take place until discovery of the facts takes place.
Insufficient evidence. This can quickly evolve into one person’s word against the other person if there is not enough physical or medical evidence to support a rape charge.
Mistaken identity. This is a much rarer defense but is sometimes used to plant reasonable doubt in a jury’s minds.
The Law Office of Maverick Ray serves clients in Houston, Pasadena and other nearby Texas communities.