11 Ways To Disprove False Rape Allegations (California Penal Code Section 261)
If you are convicted of rape in California under PC 261, you face up to 8 years in state prison, $10,000 in fines and lifetime registration as a sex offender. These are severe consequences. That is why you need to begin building your defense immediately.
Your first step is to hire an experienced rape defense law firm to prepare your defense strategy. At Wallin and Klarich, our skilled and knowledgeable criminal lawyers have been successfully defending people falsely accused of rape for more than 35 years.
Rape cases are often a matter of “he-said/she-said,” where the only evidence against the defendant is the word of the alleged victim. Unfortunately, this means it is very easy to be falsely accused of rape. If you are falsely accused of rape, here are some potential actions our law firm will explore to build your defense:
Provide an Alibi
Having an alibi may be the best possible defense to false rape allegations. If you were not present at the location of the crime at the time it was committed, you may be able to use the alibi defense.
To establish your alibi, your Wallin & Klarich rape defense lawyer will attempt to support your alibi with witness testimony and documentary evidence detailing your location at the time of the alleged incident.
Use Witness Testimony
Witnesses could be crucial in helping absolve you of false rape allegations.
Your rape defense attorney will question any potential witnesses to see if anyone can testify to the actions of both you and the alleged victim before, during and after the incident took place.
Have Character Witnesses Testify About Your Good Character
Character witnesses are witnesses that may not have been present at the time of the alleged rape, but they can testify regarding your character. Having witnesses testify as to your good moral character could persuade a jury that you are not the type of person who would commit the crime of rape.
Review the Alleged Victim’s Medical Reports
In some rape cases, the alleged victim may undergo a medical examination that could help determine if a rape occurred. Your skilled rape defense attorney will review the results of this examination to find out if there is any evidence of rape.
Receive a Medical Evaluation
An experienced rape defense attorney may have you undergo an evaluation by a medical professional who will determine if you fit the profile of someone who would commit the crime of rape.
Attack DNA Evidence
Many rape cases rely on DNA evidence to prove the defendant is guilty of rape. Your experienced rape attorney may be able to challenge the use of DNA as evidence by calling into question how police handled the evidence. If police followed improper procedures or mishandled DNA evidence in any way, your lawyer may be able to have such evidence not admitted as evidence in your case.
Establish Whether the Alleged Victim was Intoxicated
Many false accusations of rape occur when one or both parties involved in the act of intercourse were under the influence of drugs or alcohol. If the alleged victim was intoxicated, then his or her ability to accurately recall events will be in question.
Provide a Record of Your Contact with the Alleged Victim
In order to show that the sexual intercourse between you and the alleged victim was consensual, you should provide your rape defense lawyer with any text messages, social media posts and any other electronic communication you had with the alleged victim before and after the alleged incident.
This communication may show that you had a good faith belief that the sex was consensual.
Find Inconsistencies in the Police Report
Your experienced rape attorney will be able to see the statement the alleged victim provided to law enforcement with details about the alleged rape. If there are inconsistencies in the alleged victim’s story, you may have a valid defense to rape charges.
Determine a Motive
A good rape defense attorney will always question the character and motive of the alleged victim. If an allegation is false, it’s crucial to understand the reasoning behind it. Was the alleged victim attempting to cover up an affair by characterizing consensual sex as rape? Has the alleged victim previously accused anyone else of rape? If a pattern of false statements is found, it may be a winning defense to rape charges.
Establish Your Relationship with the Alleged Victim
An existing relationship with the alleged victim could potentially establish a narrative for the false rape accusation. If you and the alleged victim had a dating relationship, your attorney can bring up your sexual history to establish that consensual sex has occurred in the past.
Contact the Rape Defense Attorneys at Wallin & Klarich Today
If you or a loved one has been falsely accused of rape, it is important to speak with an experienced rape defense attorney immediately. At Wallin & Klarich, our sex crimes attorneys have more than 35 years of experience successfully defending clients facing rape charges. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich rape defense attorney available near you no matter where you are located.
Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.