Rape is a heinous crime and has a prolonged psychological impact on the victim. Rape is something that is spoken in our society in a hushed tone. However, nobody understands its evil and what does it to the victim.
In this article, we will talk about who is a rape defense attorney. We will delve in detail into their roles and responsibilities and what they do to protect you from any harm. This blog will also help you understand the various aspects of how to defend yourself when you’re wrongfully accused of rape.
What is Rape?
Rape is a form of sexual assault that involves having sexual intercourse without the other person’s consent. It can either be penetrative or other oral forms of sexual intercourse.
Rape is primarily carried out by coercion, physical force, and even via abuse of authority. It is often interchangeably used with the term sexual assault.
Rape is done either by strangers or even by known people. 38% of rape allegations come from known people in the United States. It is a treacherous act and has put several women to shame for the social stigma.
Types of Rape
Rape has different types, and you can be punishable under these different types. Let’s see what they are:
Statutory Rape
In this case, the rape takes place when someone is a minor. It can also mean that one of the parties is eighteen and the other one is not. This is even the case when the younger party consents to the intercourse.
Standard Rape
In this case, it is a form of sexual assault where one of the parties is coerced for sexual intercourse. Both of them are adults in this situation, however, one of them doesn’t have consent.
Marital Rape
In this case, if one of the spouses coerces the other spouse for sexual intercourse, then it is called a marital rape. Marital rape isn’t something that is recognized worldwide, but it is something that has been recognized well enough by the American laws.
Who is a Rape Defense Attorney?
A rape defense attorney is someone who defends you from rape charges or represents you in court when you’ve undergone such terrible assault. They’re mainly criminal defense attorneys who take up roles of sexual assault attorneys or rape attorneys to defend you in court.
A rape defense attorney investigates your case and finds evidence that inclines towards a favorable outcome. They legally represent you in court and guide you through every step. They help you out with the difficult psychological turmoil you are going through after the incident.
Your rape defense attorney also safeguards your rights and dignity from the complex legal procedure and represents you in court. They argue on your behalf, and they try to get you the justice you surely deserve.
Roles and Responsibilities of a Rape Defense Attorney
A rape defense attorney has several roles to perform. Other than legally representing you in court, they’re responsible for tons of things that will cater to your well-being. They are:
Legal Representation
Starting off with the most obvious point, a legal defense attorney legally represents you in court. They handle all the legal obligations you might be going through and are present at every hearing.
Legal Research
To get the judgment in your favor, your attorney will do thorough legal research. This would help out your case immensely. Other than that, they take care of and look after several law precedents that might be beneficial to your case. They investigate your case, conduct detailed interviews, and understand every detail of the case to give you the justice you deserve.
Advise
You might be wondering that we are just stating the obvious where the attorneys just help you with proper legal advice. However, that is not the case here. No, that’s not the case. Your attorney not only comes up with legal advice for you but also is your biggest psychological support system during these tough times.
Negotiate Plea Deals
Sometimes, the prosecutor doesn’t always advance with the case and comes to a middle ground. In this case, they negotiate plea deals with the prosecutor on your behalf and get hold of a deal that is favorable for both parties, especially for your client.
Case Strategy Development
Every case matter is different. As an attorney, you have to think differently while working on different cases.
Legal Consequences for Rape
According to Chapter 109a in the United States Code, federal laws generally charge you with a fine to life imprisonment. This fairly depends upon the use of violence against the victim.
However, if the victim is a child, the Supreme Court might even go for the death penalty. Even though the death penalty is something that seems to be extreme, it is a possible penalty if the victim dies post-assault.
If the perpetrator is a repeat offender, then the law automatically maximizes the sentence.
The mandatory sentencing also includes life imprisonment without any parole.
The United State military also has provisions against rape charges and sodomy. The UCMJ regards rape as sexual assault. The statute has a proper definition of consent and also other examples of illegitimate inference of consent. According to Article 120, the term rape and sexual assault are the same and general terms.
For rape, the mandatory sentencing dictates court-martial laws. In the case of forcible sodomy, the Code dictates life without parole.
Other than that, the rape laws are different in different states of the US. Colombia has different sets of rules and regulations, while Arizona and Alaska segregates rape in forms of various degrees. However, the common penalization is more or less the same.
How to Defend Yourself Against Rape Charges?
Sometimes the worst happens to you- you get wrongfully charged with a crime you didn’t commit. Likewise, being accused of rape in any state of the US is a very serious matter.
Even though the rape allegations are majorly based on real-life situations, there are also several cases where you can get falsely accused of a crime.
False accusations of rape can have severe long-lasting implications for your life. For example, you will be put to public shame. You will even be humiliated in court treacherously for a crime you didn’t commit.
However, we suggest you hire an attorney as soon as possible before you say anything to the public or make any claims as such. A strong legal defense would help you prove your innocence in court.
Here are a few steps you should take when you’re falsely accused of a crime:
Hire a Defense Attorney
When you’re falsely accused of a criminal charge, we recommend that you hire a Criminal Defense Attorney Marietta GA as soon as possible. Your attorney would help you out with what to say and what not to say in court and even what you say about the case in the public forum.
Make no contact with the accuser or their family
It’s recommended that you keep a distance from your accuser and even their family. If you try to establish contact with them, they’re going to twist your words (like they did before when they accused you) and might use it against you in court. They might even use it to gain media attention and put your reputation to shame.
Speak to no one other than your attorney
It’s highly recommended that you don’t discuss your case with anyone other than your attorney. People can twist your statements and even use them against you. It’s a difficult time to trust anybody, but it’s recommended that you trust your attorney and explain everything in confidence.
Don’t discuss the case on social media
Who doesn’t use social media these days? Everyone does. However, we’d recommend you not talk about your case and the wrongful accusations you’re facing on social media. Social media is a virtual base of Chinese whispers, you say something and that spreads off like wildfire like something else.
Collect important evidence
Even if false rape accusations are made against you, you might end up getting intensely scrutinized in the court. So, try to keep track of the important evidence that you and your attorney are collecting.
Evidence like DNA samples, receipts, or security footage that puts you at a different location from the crime location plays an important role in building your case.
Salary of a Rape Defense Attorney
As a rape defense attorney, you can earn handsomely well. The average salary of a rape defense attorney ranges from $48,000 to $76,000.
Final Thoughts
And that’s all you had to know. As a rape defense attorney, they’re bestowed with several legal obligations. They help you out with your case and also help in rekindling your life.
We hope you found this article to be helpful and informative. Is there anything we missed? Let us know so that we can reach out to you.
Read Also:
Is Video Voyeurism a Crime in the US?
Everything You Need To Know About Criminal Negligent Homicide
