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
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.