False rape accusations have almost become a weapon. Whether a person is jealous, angry, or looking for revenge, they can simply make an accusation and cause another person tons of trouble. That’s why it’s critical to work with a team of sex crime lawyers who can help you create a defense.
Being convicted of rape can lead to time in state prison, massive fines, and a lifetime addition to the sex offender registry.
What Counts as Rape?
According to California Penal Code 261, rape is defined as “using force, threats of force, or fraud as a means of having non-consensual sexual intercourse with another person to whom you are not married.”
It ultimately comes down to consent. Having any kind of sexual intercourse with another person can be considered rape. So, if you’re unsure, contact your local sex crime lawyers to learn more.
Rape doesn’t have to be violent to meet the legal definition. Keep in mind that someone who is intoxicated can’t officially provide consent. That includes someone who previously gave permission or has participated in sexual intercourse with you in the past. If the alleged victim is intoxicated involuntarily, then consent will most likely be negated.
In some cases, consent is seemingly communicated but misunderstood. In other cases, consent is given, but that person may later regret or is embarrassed by their decision. Of course, even if consent was provided, any use of drugs or alcohol can complicate things.
You’ve Been Accused of Rape: Now What?
Accusations can be known in a variety of ways: you hear it from a friend, you get a message from the alleged victim, or the police attempt to contact you regarding an incident. Regardless of how and when you learn of the accusation, there are some crucial steps you need to take, such as:
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Shut Up
There is no benefit from trying to discuss the alleged incident with the other person, your friends, or the police. The authorities will try to get you to incriminate yourself or twist your words against you. Talking to the other involved party will only make matters worse, and your friends can’t do anything to help you.
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Get Help
Ask yourself, “Where is the best sex crime defense attorney near me?” There is nothing to gain by trying to navigate the waters of a false rape accusation alone. Sex crime lawyers are experts at researching the alleged encounter, uncovering facts about the event, and presenting a strong defense in court if needed.
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Take Notes
Try to write down everything you remember about the alleged incident. Save copies of any text or online messages surrounding the event. Make a list of anyone else who might be able to add to your side of the story. Your sex crime lawyers will decide if and when to reach out to those individuals during their investigation.
Call LibertyBell Law
Don’t get stuck asking yourself: Who is the best sex crime defense attorney near me?
Call LibertyBell Law. We have a track record of building strong and aggressive cases to help protect our clients from false accusations. Contact us today!