San Diego Rape Defense Attorney

Rape is a form of sexual assault that involves unwanted or forced sexual intercourse on a person. Because of the sensitive, and sometimes violent, nature of a rape accusation, some jury members may become prejudiced against the defendant and will be quick to find guilt. Therefore, a rape charge requires the special attention of a seasoned San Diego criminal defense attorney who is not daunted by aggressive prosecution techniques. An experienced lawyer will be able to break through those boundaries and communicate your side of the story to the judge and jury in such a way so it is heard.

Consequences of a Rape Conviction

A rape accusation can be devastating. Not only will it damage your personal and professional reputation and relationships, it will likely result in a criminal charge that you will have to answer to. A rape conviction is usually a felony offense with a state prison sentence of 3, 6 or 8 years as well as mandatory registration as a sex offender. Sex offender registration is a deadly blow to your reputation and usually will last for the rest of your life, dictating where you can and cannot live and work.

Statutory Rape Accusations in San Diego

If you have been accused of statutory rape, even if the sexual activity you engaged in was entirely consensual, you can still be found guilty of statutory rape if you are over the age of 18 and the person you had intercourse with was under 18. Per California state law, any person under the age of 18 is a minor and below the "age of consent," which basically means that although they can agree to a sexual relationship, they cannot give legal consent.

Statutory rape laws are meant to protect minors from being seduced by adults or otherwise coerced into sexual activity by an adult or a person in a position of power or trust. However, at times these laws serve to harm innocent, well-intentioned adults. Typical statutory rape charges are called "wobblers," meaning they can be classified as felonies or misdemeanors. Sentencing, depending upon the age difference between the minor and the adult, will range from up to one year in county jail to four years in state prison.

Date Rape Accusations in San Diego

Should two people voluntarily spend time together and unwanted sexual action occurs, it will commonly be referred to as "date rape." Often, accusations of date rape stem from a mistake or even a misunderstanding—something that is usually made worse by the involvement of alcohol and/or drugs. When an individual is under the influence, they may have impaired judgment and a skewed recollection of certain events. They may also give no indication that they do not consent—and they may even agree at this time. When this occurs, date rape charges may stem from the individual feeling guilty or shame. In other instances, the charge may stem from the partner becoming angry or jealous.

In any case, date rape charges can be hard to prove without sufficient evidence—as the two parties have usually maintained some sort of relationship before the accusations were made. Regardless, you are up against serious charges, especially when juries are prone to take the side of a victim. You need to retain counsel from our seasoned and skilled San Diego sex crime lawyer. It is absolutely critical to show evidence of the evening and to explain the circumstances surrounding the incident—especially if alcohol and/or drugs were involved.

Even though a victim may have knowingly become inebriated, it may still be shown that they were rendered unable to consent to any subsequent sexual contact. Similarly, if the other party is alleging that they were involuntary drugged, it may be unnecessary for the prosecution to show that the victim had not consented. As such, it is critical that you speak to a San Diego criminal defense lawyer about the circumstances of the encounter as soon as possible. Doing so may better equip you to handle the prosecution's allegations.

Rape & False Accusations

False accusations stemming from jealousy, hatred, revenge and anger may have caused you to be arrested for crime you did not commit. In addition, unclear or "recovered" memory may have led to rape charges being filed against you. San Diego Criminal Attorney James N. Dicks is familiar with rape charges and false accusations. By using his past experience combined with his understanding of California state and federal laws, he can build a strong defense in your favor that will serve to prove the accusations your rape charge is based upon are actually false or not backed up by valid evidence.

Contact Us for a Free & Confidential Case Evaluation

By thoroughly evaluating your case and the events that led to your accusation, our San Diego sex crime lawyer can build a case in your favor that will hold up in a court of law. If you are looking for a dedicated attorney who will fight to help you stay out of jail, you have come to the right place. By using forensic and DNA evidence, witness testimony and California state law in your favor, we may be able to disprove the prosecution's charges or prove that the accuser enhanced facts or lied about the case. As a former police officer, Attorney James N. Dicks has a clear view of both sides of a criminal charge and can supply creative and effective defense strategies to help you win your case.

Accused of rape? Contact our firm to request a free, confidential review of your case.

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