San Diego Criminal Lawyers Blog
When someone is accused of acquaintance rape, or date rape, the charge is exactly the same as for any other rape. The fact that the parties knew one another is beside the point. A guilty verdict could result in prison time and having to register as a sex offender. The reputational damage, along with the emotional toll these charges take on a person, cannot be overstated. These are consequences no one wants to live with. If you are facing such charges, you need a no-nonsense criminal defense attorney fighting for your rights.
First Things First
It is a good idea to hire an attorney the minute you realize there could be a legal issue—even before charges are filed. That way, you will have someone by your side who understands the law and who can guide you when it comes to answering questions, submitting evidence, and more. Additionally, it will be necessary to take some additional steps:
- Get off all dating sites. Do not communicate with anyone through such a site, the accuser in particular. The problem with these kinds of “blind” communications is that you cannot ever know if the person inquiring about you is an innocent individual who happened to like your profile, or if it is a friend of your accuser who is trying to get some dirt on you.
- Do not discuss the case with anyone. The only person who is protected by the attorney-client privilege is you. Friends and family could be compelled to elaborate on anything you say to them in a courtroom.
- Assuming both parties stipulate that there was a sexual encounter, DNA evidence will likely not be a major factor in the case. The issue at hand will be whether the sex was consensual. If the victim had an examination, often referred to as a rape kit, we will carefully examine the results, looking for any physiological evidence that might be consistent with your accuser’s claims.
- If there was no physical examination, the case will rely more heavily on witness statements and circumstantial evidence. Typically, there are strong protections for alleged rape victims, and it can be difficult to bring up previous actions or relationships.
- We will analyze the circumstances and try to determine if there was a misunderstanding of some kind or if your accuser is overtly lying. We will look for omissions and inconsistencies in the accuser’s story and highlight those issues in our defense.
Protecting Your Rights
The diligent, experienced criminal defense attorneys at Boertje & Associates understand that these kinds of charges can change your life forever, and we are ready to go to bat for you. To discuss, schedule a confidential consultation in our San Diego office today.