Methods For Defending A Date Rape Charge

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Being charged with a date rape crime is a substantial offense. Considered a Class A felony in the state of Alabama, an individual will be charged with potentially up to life in prison, a maximum of $60,000 in fines, and mandatory registration as a sex offender. To convict an individual of a date rape charge, the prosecution must meet certain requirements to demonstrate that the individual is guilty beyond a reasonable doubt. Fortunately, a skilled sex crimes attorney will know several ways to create a strong defense against date rape charges.

The Alleged Victim Consented To The Act

One of the primary issues in many date rape cases concern consent. If prosecution can demonstrate that an individual did not not provide consent, a conviction for date rape can often be reached. In response to a date rape charge, individuals can often argue that consent was actually provided or that opposing can has failed to prove consent was not given. To demonstrate that consent was provided, individuals might argue that the individual and the alleged victim were in a committed relationship with no history of sexual assault or violence.

The Wrong Individual has Been Charged

Sometimes, the wrong individual is charged of date rape. If a victim's ability to identify an individual was impaired for any reasons, then an innocent individual could potentially be charged for the crime. In some situations, a rape victim might even falsely remember how events occurred due to the effect of alcohol or another substance. In other situations, an individual might closely resemble the individual who committed the crime.

The Incident In Question Did Not Occur

Defense may demonstrate that the sexual encounter in question never actually occurred. The defendant may argue that the lack of physical evidence regarding the incident suggests that the event did not happen. While some individuals might desire to demonstrate that the alleged victim in question was promiscuous or acting out of revenge, this type of argument risks losing the favor of the court and many individuals decide to instead focus on their innocence.

There Is A Lack Of Available Evidence

The opposing counsel must demonstrate that there is a sufficient amount of evidence to charge an individual with committing date rape. In many date rape cases, however, the only evidence for either side relies upon testimony. One potential argument that a skilled criminal defense attorney can use when only witness testimony is available to weaken an alleged victim's response to a rape was unconventional in nature.

The Assistance Of A Top Sex Crimes Attorney


Date rape cases have the potential to be particularly complex, which is why it is often wise for individuals who face these types of charges to consult with an experienced criminal defense attorney like the legal representation at Eversole Law LLC.

We serve the following localities:

Birmingham, Jefferson County including Bessemer, Homewood, Hoover, Irondale, Leeds, Mountain Brook, Trussville, and Vestavia Hills, Shelby County (including Pelham, Alabaster, Chelsea, Calera), Tuscaloosa, Auburn, Huntsville, Calhoun County including Anniston, Etowah County including Boaz and Gadsden, Cullman County including Arab and Cullman, Madison County including Huntsville and Madison, Montgomery County including Montgomery, and all of Alabama.

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