After a romantic dinner, you invited your date back to your apartment. You noticed that she appeared a bit hesitant, but you began to kiss and fondle her anyway. She did not object to these actions and the two of you proceeded to have sexual intercourse. Now, you are being accused of rape under California Penal Code section 261.
What do you do when being falsely accused of rape?
Simply being accused of rape does not mean that you will be convicted. The experienced rape defense attorneys at Wallin & Klarich have been successfully defending clients accused of rape for over 30 years and have the skill needed to help you win your case. Wallin & Klarich will take many steps to aggressively defend you from false rape allegations. We will do all of the following on your behalf to guarantee that your legal rights are protected:
1. Determine the relationship
• Determining the relationship between you and the alleged victim is critical to discovering any possible motives for the false rape accusation.
o Were you dating the alleged victim?
o How long did you know the victim prior to the alleged incident?
2. Determine the motive
• The next step is to uncover any possible motives for the false allegation.
o Did the alleged victim make the false allegation in order to cover up an affair?
o Did she falsely accuse you in order to make someone jealous?
3. Hire an investigator
• Hiring an investigator is crucial to developing a clear insight into the alleged victim’s background. A private investigator may determine if she has falsely accused another person of rape or another crime.
4. Determine any delay in reporting
• An alleged victim’s delay in reporting may be a defense to a rape charge.
o When did she report the alleged rape?
o Who did she report the alleged rape to?
o What did she tell that person?
5. Review the alleged victim’s medical examination
• Reviewing the victim’s medical examination is vital to determining if a rape occurred.
o Did she seek a medical examination following the alleged rape?
o Did the medical examination contain any evidence of rape?
6. Check social media
• It is imperative that you check the social media entries of the alleged victim in order to see what she did or did not report on Facebook, Twitter, etc.
o Did she speak candidly about the alleged rape?
o Do her statements reflect the likelihood that a rape occurred?
7. Determine if the alleged victim was intoxicated
• If sexual intercourse did occur, it is important to determine if the alleged victim was under the influence of drugs or alcohol during the sexual intercourse. If the alleged victim was intoxicated then his or her ability to accurately recall events will be in question.
8. Gather witnesses to the alleged rape
• Witnesses may play a key role in absolving you of any criminal liability.
o Are there witnesses who can testify as to the actions of the alleged victim both prior to and subsequent to the act of intercourse?
o Are there witnesses who can describe her demeanor?
o Did the alleged victim complain to anyone who was present after the alleged rape occurred?
9. Hire a medical expert
• Wallin & Klarich can hire a medical expert to perform a battery of tests in order to determine whether you fit the profile of a rapist.
10. Seek character witnesses
• These witnesses may testify regarding your character in order to persuade the jury that you are not likely to have committed a rape based on your reputation.
11. Build an alibi
• If you were not present at the time of the alleged rape, your Wallin & Klarich attorney can build a solid alibi defense supported by documentary evidence and witnesses.
Why you should retain the rape defense attorneys at Wallin & Klarich
If you or a loved one has been accused of rape in Southern California, it is essential that you contact an experienced rape defense lawyer. Our law firm approaches every case with the belief that the person we are defending could be one of our own family members. We have seen firsthand how stressful rape charges can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, and 365 days a year.
Our offices are located in Orange County, San Bernardino, Los Angeles, San Diego, Riverside, West Covina, Victorville, Torrance, Sherman Oaks, and Ventura. Call us today at (877) 466-5245. We will get through this together.