What constitutes sexual assault or rape?

Defenses for Rape Charges

Being accused of rape is terrifying. Rape is a serious felony that can result in decades behind bars and a lifetime of stigma. That’s why having an experienced defense attorney who knows how to fight the charges is critical.

While every case is different, some potential defenses to explore for rape allegations include:

Consent

One of the most common defenses in acquaintance rape cases is arguing the victim consented. The defendant asserts the sexual act was consensual, not done against the victim’s will. Effective strategies include:

• Pointing to flirtatious behavior, prior intimacy, or a relationship implying consent
• Presenting text messages, emails, or witnesses supporting consent
• Citing subsequent friendly contact with the defendant after the encounter

The defense aims to show the alleged victim voluntarily engaged in sex and only later changed their story.

Mistaken Identity

In stranger rape cases with limited evidence, mistaken identity is possible. Strategies include:

• Challenging questionable eyewitness testimony
• Presenting alibi witnesses who place the defendant elsewhere at the time
• Noting discrepancies between the defendant’s appearance and the description of the perpetrator

If the prosecution’s identification of the defendant as the rapist is weak, this defense may succeed.

False Allegations

In some cases, the alleged victim fabricated the rape for motives like:

• Revenge against the defendant
• Seeking attention or sympathy
• Concealing an affair or consensual sex

The defense would present evidence of the accuser’s potential motives to lie and attack their credibility.

Intoxication

When excessive voluntary intoxication prevents a defendant from forming criminal intent, it may refute charges. Strategies involve:

• Toxicology reports confirming high blood alcohol or drug levels
• Witness testimony about the defendant’s severe impairment
• Evidence the accuser also consumed drugs or alcohol

The defense asserts the defendant was too incapacitated to knowingly commit the alleged acts.

Diminished Mental Capacity

A mental defect or disorder that prevented the defendant from comprehending their actions or the alleged victim’s nonconsent may also defeat rape charges. The defense requires:

• An evaluation by a forensic psychologist
• Medical records evidencing the mental impairment
• Expert testimony the disorder caused inability to form intent

The mental incapacity must be relatively severe to succeed with this defense.

Unreliable Evidence

When the prosecution’s forensic evidence is inconclusive or mishandled, the defense may argue it does not prove rape beyond reasonable doubt. Tactics include:

• DNA evidence that excludes the defendant or is inconclusive
• Errors in collection, handling, or testing of evidence
• Challenging analysis methods or conclusions of state experts

By undermining the state’s physical evidence, the defense introduces reasonable doubt.

Lack of Force

In states where force is an element, the defense may argue the encounter did not involve actual violence, weapons, or physical coercion vitiating consent. Strategies involve:

• No documented injuries on the alleged victim
• No signs of a struggle or use of force
• No evidence weapons were used

If force cannot be proven beyond a reasonable doubt, charges may fail.

Unconstitutional Police Conduct

When police violate the defendant’s rights in obtaining evidence, that evidence can be suppressed. Grounds to challenge police actions include:

• Improper search and seizure
• Coerced confession
• Failure to provide Miranda warnings

Having key evidence excluded can cripple the prosecution’s case.

Statute of Limitations Expired

In many states, rape charges must be filed within 5-10 years. A defense attorney can review:

• When the alleged crime occurred
• The applicable statute of limitations
• When charges were filed

If too much time has lapsed, the case may be dismissed.

An experienced sex crimes lawyer will thoroughly analyze the prosecution’s case for flaws and inconsistencies. They will aggressively pursue every viable defense to defeat the charges. Fighting rape allegations requires skill and tenacity.