Possible Defense For Rape Case

A rape charge is a serious felony charge. It typically involves an accusation that the defendant forced another person to engage in sexual intercourse, anal sex, or other sexual activity involving even the slightest form of penetration, without that person’s consent. This criminal act is referred to as rape in many states but also as sexual assault, sexual battery, criminal sexual conduct, and criminal sexual penetration. Other sexual offenses include statutory rape, oral sex or sexual touching without the other person’s consent, and sexual abuse of a child. 

Defendants charged with rape have the usual defenses available to all criminal defendants, starting with Someone else committed this crime. A defendant can also claim that the sexual activity was consensual. In a rape case, there can be significant questions about what constitutes consent or what constitutes refusal. 

Another possible effective defense for rape is an insanity plea, in which the defense argues that the accused is mentally ill and did not have the capacity to control his behavior, to form criminal intent, or to understand what he was doing or that his actions were unlawful.

Sexual assault laws regarding rape and criminal sexual penetration usually define this conduct as a felony with serious penalties. Many states have degrees of the crime, such as a rape in the first and second degree, depending on the vulnerability of the victim, the type of force used, whether the rape resulted in serious bodily injury, and whether it was committed with a deadly weapon, such as a rape at gun point.

Sentences for rape can range from one year to even life in prison, depending on the provisions of each state’s sentencing statute or sentencing guidelines, the victim’s age or status, and the circumstances of the crime. Some states require a minimum prison sentence or require the court to impose a prison sentence without probation or early parole. In other states, the judge may have some discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison.

Just as important as preserving evidence and recording important information is knowing what not to do. If you are facing rape charges, you should not:

try to talk to the victim about the case or have any contact with the victim

talk to law enforcement or other investigators without an attorney present

Ask for or agree to testing that is not mandatory such as DNA testing prior to arrest or give any evidence to law enforcement without consulting with a lawyer first even if you believe the evidence will show you are not guilty of the alleged crime.