Criminal Defense for Rape

There are a number of ways that an experienced criminal defense lawyer can defend your rights under accusations of rape. Often the criminal defense will solely attack the evidence and witnesses that the prosecution has provided. Faulty evidence or inconsistent eye witness reports are often a source of false rape claims. However, there are other defenses that your criminal lawyer may use. To find out more about rape defense contact a criminal defense attorney.

Criminal Defense for Lack of Consent

1. For sex crimes that involve a lack of consent based on the victim being mentally disabled, incapacitated or physically helpless, it can be used as a valid criminal defense that the defendant was unaware of the condition of the victim at the time that the sex crime occurred.

2. Sex crimes that occur between a medical practitioner and a patient can be criminally defended by the fact that the health professional did not know that the patient had not consented to the medical procedure.

3. When a mental health professional or health professional is charged with rape in the third degree, a criminal sexual act in the third degree, aggravated sexual abuse in the fourth degree, or sexual abuse in the third degree, it is a valid criminal defense that the medical practitioner expressly communicated to their patient beforehand that it was not for a medical procedure or purpose.

4. For any sex offense in which lack of consent is based on the victim being less than 17, mentally disabled, or a client or patient of a health care professional, it is a valid criminal defense that the accused was married to the victim.

Evidence for Sex Offenses

No one can be convicted of a sex crime involving lack of consent based on mental defect of mental incapacity when it is not supported by additional evidence that does one of the following:

1. Shows that the defendant made an attempt to have sexual intercourse, oral sexual conduct, anal sexual conduct, or sexual contact (depending on what the charges are) at the time of the alleged crime.

2. Connects the defendant to the sex offense or attempted sex offense.