| Forcible rape and attempted forcible rape between | | | | all of the signals of a willing participant, the better |
| people who know each other, either casually or well, | | | | your chances of success. The witnesses to her |
| make up a sizeable percentage of the false | | | | earlier drinking and provocative conduct can provide |
| accusations in the criminal justice system. The cry of | | | | good evidence that the defendant thought she was |
| rape or abuse is a familiar cry when a relationship | | | | desirous of consensual sex. While most states' "rape |
| goes sour or when a woman has second thoughts | | | | shield" laws go far in protecting the history of the |
| after a night of sex or near intimacy. While there are | | | | alleged victim, your lawyer should find out as much as |
| certainly legitimate claims of rape and attempted rape | | | | they can about the alleged victim's history. Due |
| in the world, from the defendant's perspective there | | | | Process requires you to be able to defend yourself |
| are good reasons to view each claim with skepticism. | | | | and a good lawyer can usually find information that is |
| Relationship rapes and date rapes are closely related | | | | admissible that sheds light on her character. |
| and the techniques to defend each are similar. | | | | The defendant's character for not being sexually |
| The reasons for the accusations vary as do the | | | | aggressive can be important. It is admissible evidence |
| situation, the character and personality of the alleged | | | | to show that you are not sexually aggressive. Prior |
| victim. In the system you see questionable | | | | girlfriends, female friends and co-workers, and friendly |
| accusations when dating or love relationships go sour | | | | ex-spouses can be a good source for this evidence. |
| and the woman is being rejected or being thrown | | | | Your attorney must be prepared to contest the |
| aside for another woman. Sometimes in more casual | | | | medical evidence if the alleged victim went to a |
| dating the woman makes an accusation after having | | | | hospital or a sexual assault response team. The |
| too much alcohol and engaging in sex. The morning | | | | current trend is for these medical personnel to testify |
| after they realize what they have done and an | | | | that the alleged victims had physical injury to their |
| accusation follows to protect their pride, cover their | | | | vaginal area. What is usually found are microscopic |
| embarrassment, or justify a situation to their | | | | abrasions that are a result of the friction of |
| boyfriend or significant other. | | | | intercourse. Sometimes the prosecution's medical |
| Sometimes in younger women the issue of sex is still | | | | personnel try to say these micro-abrasions are |
| very delicate and the accusation comes after giving | | | | inconsistent with consensual sex. |
| in and realizing afterwards what they have done | | | | The research shows that micro-abrasions don't mean |
| does not sit well with their present psyche. Again, | | | | anything negative. They are as consistent with |
| many times alcohol is a factor. | | | | consensual sex as well as anything else. Your lawyer |
| Sometimes the mental stability of the alleged victim is | | | | must be prepared to cross-examine these alleged |
| a major factor in making an accusation. All | | | | experts aggressively. Your lawyer should also have a |
| experienced rape defense lawyers have seen the | | | | counter-expert ready to testify to the opposite of |
| young man who falls for a beautiful but unstable | | | | the prosecution's expert. |
| young woman and ends up getting accused when | | | | Date rape accusations aren't just limited to younger |
| they break up or go farther than the woman's | | | | people. It happens throughout the age spectrum |
| mental state will allow. | | | | where single men go out with women of |
| And, quite frankly, men are often too driven by their | | | | questionable stability. |
| sexual desires to be careful in their judgments about | | | | If the accusation comes out of a relationship |
| who they attempt to bed. Men view sex entirely | | | | breakup, look carefully at the mental history of the |
| different than women for the most part. Men are | | | | alleged victim. Many times young men fall in love with |
| very capable of enjoying sex and not thinking | | | | very defective young women. A symptom of certain |
| anything about it afterwards except for how much | | | | personality disorders seen in young women are the |
| fun they had. Women may claim that is how they | | | | inability to handle rejection. A person they once |
| feel but the facts of these accusations show they | | | | idealized quickly becomes their archenemy and |
| have a much harder time accepting it as such a | | | | subject to false accusations of rape. If your |
| meaningless act of pleasure. It is in these instances | | | | jurisdiction allows, your lawyer should get a |
| that false accusations arise. | | | | psychological evaluation of the alleged victim. If your |
| Also, often times "no means no" to a woman. A man | | | | jurisdiction doesn't allow it, you should investigate her |
| can easily interpret "no" as "yes." He thinks she is just | | | | history thoroughly. With a psychologist to guide your |
| trying to show that she is not easy. Unfortunately, | | | | efforts, you will probably find evidence to support |
| the trend in most states is that when a woman says | | | | your theory. |
| no it means that consent to proceed has been | | | | As part of your investigation, look for prior instances |
| withdrawn, even in the throes of great passion. | | | | of credibility problems on the part of the alleged |
| In a rape defense it is important for the lawyer to | | | | victim. Check her job history and try to find her |
| understand all of the circumstances of the relationship | | | | former boyfriends. Chances are you will find a history |
| or the situation. A detailed minute by minute account | | | | of lying and deception. |
| is necessary to understand whether the rules have | | | | In any rape or attempted rape accusation you must |
| been broken. Many times if there is simply a | | | | find the motive of the alleged victim to lie. These |
| misreading of signals, the benefit of the doubt will be | | | | cases of false accusations can be defended |
| given to the defendant. Most jurors have been in | | | | successfully, but you must find the motive. It is the |
| multiple sexual and intimate situations and they can | | | | key to the jury understanding why the young lady |
| understand mixed signals. | | | | would go so far as to make such a serious false |
| The more you can show that the woman gave off | | | | accusation of rape against you. |