subject: Lawyers in Clarksville - How To Choose The Right Defense [print this page] Attorneys in Clarksville have had to deal with their fair share of awkward cases, and one topic that never ceases to cast a shadow over self-respecting attorneys is the issue of rape. Most right thinking people are appalled and repulsed in equal measure by rape, but part of the problem with having such a strong emotional reaction is that we leave ourselves wide open to succumb to impulse.
By giving in to such a potent knee jerk reaction, we automatically label both parties involved and if we are not careful, end up deciding the conclusion of the case before even hearing the facts. If you are currently facing allegations of rape it is crucial that you seek out experienced criminal defence lawyers to ensure that you get the best possible legal representation.
The first and most fundamental defence to the charge of rape would be consent. Given that in order for rape to take place it is essential for the rapist to have had sex without the consent of the victim (please note, that whilst violence is often attributed to rape, it is not actually a perquisite for liability to arise), consent as a defence is a strong one.
Unfortunately, part of the problem with consent as a defence is that it really boils down to little more than a case of "he said-she said". Therefore, if consent is raised as a positive defence, then it will be necessary to examine and rely upon other extenuating circumstances and other peripheral evidence.
For example, if the victim was not intoxicated (whether by virtue of drugs or alcohol) and therefore was capable of fighting back, then the absence of proof of some sort of struggle (such as scratch marks on the alleged rapist, bruising on the victim) would give rise to a rebuttable presumption that the sex was indeed consensual.
In such an event, the victim would then be required to state for the record as to why she did not fight back. Of course, given the vile and traumatic nature of rape, it maybe that the victim was so shocked that they could not fight back nor did they possess the willpower necessary to do so. In this situation, it will fall to the jury to determine which of the two testimonies seems to be the most persuasive.
The character of the alleged victim may also serve as grounds for investigation. If the alleged victim has filed false police reports or rape charges before, or has ever been convicted of perjury (lying whilst under oath in a courtroom) then this are issues which are necessary to disclose to the jury.
This does not mean to say that an alleged rape victim who has such issues in their past are automatically lying. However, in the interests of the accused receiving a fair and impartial hearing, it is necessary that full disclosure is given to the jury so that they are aware of the relative bargaining positions of both the accused and the alleged victim.
Lawyers in Clarksville - How To Choose The Right Defense
By: RW Goldberg
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