Defending Against Rape Charges: Reasonable Belief of Consent
Defending against rape charges can be difficult because a number of people believed they had consent during the act itself. Lawyers need to look at all the different angles of these cases, and they often must go back to the reasonable belief of consent. Read more to learn how rape charges can be mitigated when this belief of consent exists. It is very easy for someone to be charged with rape when there are misunderstandings, and these misunderstandings need to be worked out by an attorney.
1. What Is Reasonable Belief of Consent?
Reasonable belief of consent is a term that is used when couples have been together for some time, people are married, partners have been sexually active in the recent past, or the accuser in the case gave consent at some point on the day of the act. Lawyers must look into where that consent came from, and they often build cases around this reasonable belief of consent. This is not an assumption that a man can do what he wants. This is an assumption that the man could reasonably have because he has some sort of established relationship in the past.
2. Establishing That Relationship
Establishing the relationship between the man and the accuser is important because this relationship is what forms the reasonable belief of consent. This is the crux of any case, and a man who has a relationship with a woman can show that he believed he could haves ex with this woman again. However, the accuser might claim that that reasonable belief of consent did not exist. All a lawyer can do is show that this relationship existed. People who are using basic logic can see how a man believed he had consent from this woman, and it all comes from that relationship.
3. Collecting Evidence
The evidence in the case will be collected by your lawyer, and they will let you know if they have any evidence that contradicts what you have said. You will give a sworn affidavit stating that you believed you had consent, and your lawyer will back that up with evidence. You might have your clothes from the day of the act, any receipts that prove where you were that day, and any witnesses who can speak to your state of mind that day.
4. Say Nothing
Clients should not talk to anyone without their lawyer present. You need someone on your side who will help you protect your rights, and you must ask your lawyer if they can schedule interviews instead of asking you to sit down with police officials on your own. You never want to speak to the accuser in your case, and you should send all communications to your lawyer. You must remain silent during this case while your lawyer tries to prove that you had reasonable belief of consent.
5. Contact Your Lawyer Immediately
You need to contact your lawyer immediately so that you can start collecting evidence for your defense. You deserve to be protected during the course of this case, and you need to ask your lawyer if they have any steps you should take while the case is still fresh. You should ask your lawyer to come speak on your behalf if you have been arrested, and your lawyer could even bail you out of jail if necessary.
6. Proving This Case Takes Time
You might have believed that you had reasonable belief of consent, but you cannot prove that without hard evidence. Your lawyer needs time to look over your case, find all the evidence that they can, and build an argument in your defense. You deserve to be defended vigorously, and you must go about your life while your lawyer works behind the scenes.
There are many people who have been accused of rape when they believed they had consent. Determining if someone had consent or not can be very complicated because the cases involve the beliefs of two different people. You must have a lawyer plead your case for you, and these lawyers will fight for you as they establish that you had a relationship with your accuser, you believed you had consent, and this is nothing more than a misunderstanding.Contact the Starr Law Firm for Sex Crime Defense
If you are currently facing rape charges you will need the assistance of an experienced sex crime defense attorney. Because if you are convicted your entire life will be changed up-side-down. When you are facing a conviction, you need a lawyer who is willing to fight for you in a way that he or she would fight for themselves. The only law firm willing to give that level of dedication to their clients is Starr Law, P.C. Contact us today for a free consultation where we can learn more about you and your case, and you can learn more about us and our services. For more information, please contact us at 214.982.1408 or visit our visit our website here.