Have You Been Accused of Date Rape?
You’ve been accused of date rape, and you should know the charge legal penalties are exactly the same as for any other rape. The fact that you two knew one another is beside the point from a legal standpoint. If you’re found guilty, it could mean prison time and having to register as a sex offender. The damage to your reputation, along with the emotional sting of such charges, regardless of the outcome, cannot be overstated. These are consequences no one wants to live with. If you are facing the business end of such charges, now’s the time to get a criminal defense attorney fighting for your rights.
Preparing for Battle
The minute you realize there could be a legal issue you need to hire a defense attorney—even before charges are filed. An experienced criminal defense attorney knows the law and can guide you as you are asked to answer questions, submit evidence, and more. Beyond that, you will need to take some additional steps:
- Eliminate your presence on dating sites. Resist the temptation to communicate with anyone through such a site, particularly the accuser. The issue with these kinds of “blind” communications is that you really never know if the person you’re talking to is someone unrelated to the case who happened to like your profile, or if it is a friend of your accuser or someone working for the prosecution who is fishing around to get some dirt on you.
- Avoid discussing the case with anyone. You are protected by attorney-client privilege. Your friends and family are not, and they could be obliged to share whatever you tell them before the court.
- DNA evidence will probably not be a major factor in the case, assuming you both stipulate that you had a sexual encounter. The question of the hour will be whether the sex was consensual. If your accuser had an examination done, often referred to as a rape kit, the results of that exam could reveal 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 the event there was no physical examination, the case will depend more heavily on witness statements, any records of your communications, and other circumstantial evidence. Usually there are strong legal protections for alleged rape victims, and it can be difficult to bring up your accuser’s relationships or behavior with other individuals.
- We will analyze the situation and try to determine if there was a misunderstanding of some kind or if your accuser is blatantly lying. That will take an investigation into any omissions and/or inconsistencies in the accuser’s story and highlighting those issues in your defense.
Protecting Your Rights
The diligent, experienced Miami criminal defense attorneys at The Law Office of Julia Kefalinos understand that these kinds of charges can change your life forever, and we are ready to go to bat for you. To discuss, schedule a confidential consultation in our Miami office today.
Source:
nsvrc.org/sites/default/files/publications/2018-10/Lisak-False-Reports-Moving-beyond.pdf
