Accused of Rape? Take Steps to Protect Yourself

November 11, 2015

In the criminal justice system, few things are as serious as charges of sexual assault or rape. In a matter of moments, just one accusation has the power to completely alter the life of the accused. The court will take all accusations of rape very seriously and thorough investigations may be ordered.

When someone finds themselves accused of rape or sexual assault, it’s important to act fast. The sooner that counter arguments to the claims of the prosecution can be made by the defense, the better. With proper planning and the right evidence, a successful legal defense against the charges might be made.

Rape Charge Defenses

In many cases, just a charge or accusation of rape is enough to completely damage the reputation of the accused. That is why it’s important to mount a strong legal defense as soon as charges are filed or accusations are made. With proper planning and preparation, it may be possible to defuse the situation and fight back against unjust charges.

Here are a few steps that people can take after they have been accused of rape or sexual assault:

Hire a lawyer
Study the motives and opportunities of the accuser
Examine the relationship of the alleged victim and the accused
Learn the facts around the alleged victim’s report

Before anything else happens, a person accused of rape should hire an experienced defense attorney. The attorney may be able to provide advice and assurance to the defendant during this very troubling time. The defense attorney may also begin to collect testimony and study eyewitness testimony.

In cases of false rape claims, the defense can benefit from studying the accuser’s claims and behavior. If the alleged victim and the defendant were previously engaged, that fact could help the defense establish a motive. If there are inconsistencies in the alleged victim’s report, his or her case could be severely hampered.

Evidence in Rape Cases

In many cases that involve sexual assault, there may be little or no physical evidence. In fact, in many cases, it may come down to a classic “he said, she said” scenario. When this happens, it’s important to make sure that all the evidence is properly collected and examined for factual accuracy.

In 2015, a professional athlete named Patrick Kane was accused of sexual assault by a woman he had met. The woman claimed the Mr. Kane forced himself on her in a sexual manner. However, her report to the police presented some problems.

It was later discovered that the rape kit used on the woman making the accusation had been seriously tampered with. In fact, the bag containing the kit had been entirely ripped open. Although these kinds of behaviors may not be common, they can seriously affect the outcome of a case.

Legal Tactics

After hiring a lawyer, a defendant should begin planning for the next phase of the trial. This means that they should prepare:

Written evidence
Eyewitness testimony
Evidence recovered from the scene

Investigations showed that the rape kit in Mr. Kane’s case was tampered with. Evidence tampering is a serious offense that should be investigated thoroughly. However, just because an evidence kit was not tampered with does not necessarily meant that the charges are legitimate.

For example, in “he said, she said” cases, the defense must illustrate why the accuser would have motivation to make such false claims. The defense must challenge the prosecution to prove every element of their case, from beginning to end. It is important to insist on the legitimacy of all evidence in each case to ensure that the defendant gets a fair trial.

With the help of a defense attorney, it may be possible to defend against charges of sexual assault. If this is successful, the defendant could avoid years in prison and registration as a sex offender.

Have you been charged with sexual assault? Get an experienced attorney that can help protect you. Law Office of Brett A. Podolsky will ensure that your rights are enforced. Contact Mr. Podolsky today at (713) 227-0087.