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Our firm has over 25 years of combined legal practice. Our Philadelphia criminal attorneys have been recognized by the top lawyer ranking services.
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We take on fewer clients than other firms. Each client works 1:1 on with one of our senior attorneys.
If you have been accused or charged with rape, then you should seek out legal representation from a criminal defense lawyer immediately. A lawyer will help you understand the charges that have been brought against you and how to best respond. They will help you understand your rights and defenses that may be available.
What are some rights that you have in a rape case?
Persons who have been charged with rape have certain rights that they can exercise. These include the following:
1) Right to remain silent: you are not required to respond to questions from law enforcement about the crime. Exercising this right cannot be used against you. If police interview you in a custodial setting, they are required to advise you of your Miranda rights. If the police fail to do this, then statements and information received during an interview may be excluded from consideration in your case
2) The right to confront witnesses: if charges are brought against you, you have the right to confront and cross examine the witnesses that have made the charges. This includes the alleged victim of the crime, police officers who investigated the crime, and experts who provided analysis of evidence used in the case.
3) Right to have a jury trial: if your case proceeds to trial, you have the right to be tried by a jury of your peers. The jury must find you guilty beyond a reasonable doubt in order for you to be convicted.
4) Right to be free from unreasonable searches and seizures: all persons have the right to not be subjected to unreasonable searches or seizures. If law enforcement Obtained evidence in violation of this right, then there may be remedies available to exclude certain evidence.
5) Right to have an attorney: during all phases of the case, including the investigation process, you have the right to have representation by an attorney. This is very important, as an attorney will help protect your rights and ensure that the police and prosecution follow the rules.
A criminal defense lawyer with experience representing clients who have been charged with rape can assist with helping you understand and exercise these and other rights.
What are the potential consequences of a rape conviction?
Rape is a serious charge that may result in significant consequences. If convicted of rape, you will be a felon and have certain civil rights revoked. In addition, you may be required to register as a sex offender.
If convicted, you may also face significant financial penalties, jail or prison time, court mandated treatment, probation, and restitution to be paid to the victim. The court may also enter orders prohibiting you from having contact with the alleged victim.
What are some defenses to rape?
There may be defenses available to challenge the rape charge. The prosecution must be able to prove each element of the offense beyond a reasonable doubt. If there is insufficient evidence to prove each element, then the case should be dismissed. Some defenses that may apply in a rape case include:
1) Consent: if the alleged victim consented to the sexual contact, then you should not be charged with rape. You will need to show that the alleged victim participated in the act voluntarily.
2) The sexual contact did not rise to the level of rape: if there was sexual conduct, but it does not fall within the definition of rape, then the charge should be dismissed or amended to a lesser offense.
3) Violation of constitutional rights: if any of the rights previously mentioned or other Constitutional rights are violated, then evidence may be excluded and the case dismissed.
How can a rape lawyer help?
A criminal defense lawyer with experience representing persons who have been charged with rape can assist by providing legal representation for you throughout all stages of the case. They will advocate for you to try and achieve the best result possible under the circumstances.
If you have been accused of rape, contact the Chester County rape lawyers from our law firm for legal advice