Fighting false allegations of rape charges is serious and instantly damaging to your reputation while at the same time upending your entire life. From the moment the words leave the mouth of the alleged victim, you face the challenge of proving your innocence. While it’s widely known that you’re innocent until proven guilty, the world sees you differently until your name is cleared. Even then clearing your name can prove challenging.
Definition of Rape According to U.S. Law
10 U.S. Code § 920 – Art. 120. Rape and sexual assault generally
(a)Rape.—Any person subject to this chapter who commits a sexual act upon another person by—
(1)using unlawful force against that other person;
(2)using force causing or likely to cause death or grievous bodily harm to any person;
(3)threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
(4)first rendering that other person unconscious; or
(5)administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may direct.
If you’re facing rape charges under false allegations, our team of experienced criminal defense attorneys are well versed in fighting and winning cases that involve false allegations of rape, as well as building a defense that may help protect your reputation. There two primary methods that you can use to defend a case against false allegations of rape that may lead to a dismissal: Innocence and Consent.
Dismissal in a Rape Case
One of the best case scenarios for defending your rape case is to be able to have the case dismissed. A rape case dismissal is one in which you were not convicted. When a criminal charge is dismissed, you are not guilty and the case is concluded. For this to happen, there needs to be sufficient proof of your innocence to convince the district attorney to throw out the case completely.
Defenses for False Allegations of Rape: Innocence and Consent
- Innocence: An innocence claim is the most basic defense in a rape case. There are three main arguments for innocence in a criminal case.
- You can argue that you didn’t commit the crime by either not being at the scene of the crime by presenting an “alibi” if you provide sufficient evidence to mount an effective defense.
- You may claim that the crime never occurred if you provide physical evidence or camera footage of the actual events that took place. For example, there was a case once where the client was accused of rape after not giving his employee $5,000 upon being threatened. He immediately had his entire body photographed and examined. He presented the results to a forensic pathologist. Along with the physical evidence, he was able to use receipts, security camera footage, and other records to provide sufficient evidence that the accusations were false. By bringing the evidence in front of the district attorney, the case was dismissed.
- As the defendant, you can also claim that the victim misidentified you as the perpetrator. The goal here is typically to create reasonable doubt on whether it was you that committed the crime and may bring the jury to an acquittal.
fundamental defense for all crimes, including rape and sexual assault. The innocence defense is simply stating that the defendant did not do the allegedly criminal action. One way an innocence claim can arise is in the context of an alibi defense.
- Consent: If we can prove that the defendant had consensual sexual contact with the victim, then the consent will negate the charges of rape. For rape to occur, the sexual behavior must happen against the will of the victim. The problem with this claim is that consent can both difficult and controversial for the defendant to prove. Building a defense of the victim’s past sexual history may help support this claim. If the defendant has a clean record and no prior history of sexual misconduct then that can help support the defense as well.
Hire Criminal Defense Attorneys to Defend Your Rape Case
Our criminal defense attorneys at Cofer Luster Law Firm, P.C. are experienced in defending against allegations of rape as well as sexual assault, sexual abuse, and other sex crimes. If you’re facing rape charges, then you need to retain a criminal defense lawyer that can build an impenetrable defense for your case. Call Cofer Luster Law Firm, P.C. at 682-777-3336 to schedule a consult and hire the right criminal defense attorneys to defend your case.