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Sexual Assault
Two persons engaged in the act of sexual intercourse; the act of
intercourse was against the goodwill of the alleged victim; the
two persons were not married to each other at the time of the act
of sexual intercourse; and the act was accomplished by means of
force, violence, duress, menace, or fear of immediate and unlawful
injury to the alleged victim or another person.
Rape is considered a Sex Crime. Other types of Sex Crimes include:
Child Abuse, Child Enticement, Child Procurement, Child Exploitation,
Date Rape, Failure to Register - Sex Offender Registration, Indecent
Exposure, Internet Porn, Lewd and Lascivious Acts, Lewd Conduct,
Molestation, Obscene Acts, Pandering, Pedophilia, Pimping, Child
Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sexual
Harassment, Sodomy, Statutory Rape, Violation of Sex Offender Registration.
Consequences for the conviction of Rape may potentially include:
- Imprisonment
- Sex offender registration
- Loss of the right to vote
- Loss of the right to own a deadly weapon
- Probation or parole
- Mandatory AIDS testing
- Court ordered rehabilitation
- Significant fines
- Other
Likelihood of any of the above consequences depends
upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type
of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defenses of Rape may potentially include:
- Consent
- Insufficient evidence
- Factual innocence/mistaken identity
- Other
What can you do to improve the outcome of your
case?
- Gather documentation of your good character (reference
letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential
witnesses (this information will help your attorney prepare the
best possible defense)
- DO NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and
defense identification
- Early investigation and identification of all facts
helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate
the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure
that they are continually updated as to the status of your case
- In appropriate cases, negotiate jail alternatives
- Obtain an evaluation report from a court approved
psychologist (to show counseling may be a better alternative to
jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
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