Under California Penal Code section 261, rape is defined as an act of sexual intercourse with someone other than your spouse that is accomplished with the use of force, threat, or fraud.
If you are facing rape charges in Orange County, it is very important that you hire an experienced Orange County Wallin & Klarich Rape Defense Attorney who can protect your rights by using an effective defense strategy. If you are being falsely accused of rape, there are a number of defenses available that could result in a dismissal of your charge. Here are some successful defenses that your Rape Defense Attorneys at Wallin & Klarich can raise on your behalf:
Defenses to a Rape Charge in Orange County
An accuser may falsely claim rape due to jealousy or anger towards the alleged attacker. To fight false rape accusations, your Orange County Wallin & Klarich Rape Defense Attorneys can investigate emails, voicemails, and other communications between you and your accuser (or even the accuser and a third party). This may help expose the accuser’s untrustworthy motives. In addition, your Orange County Wallin & Klarich attorneys can determine whether a suspicious pattern of false accusations exists by examining the victim’s history of allegations.
The Wallin & Klarich team of Orange County Rape Defense Attorneys will scrutinize the credibility of the victim’s claim to ensure that it is factually accurate.
A false rape accusation can also result from a victim’s inability to properly and correctly identify the attacker. For example, the victim may have had difficulty accurately identifying his/her attacker if:
- The act took place under dim lighting;
- The attacker was wearing a physical disguise;
- The victim was using mind-altering substances at the time of the act; or
- The victim was involved in a prejudicial police line-up.
If you are facing rape charges in Orange County, you should hire the Orange County Rape Defense Attorneys at Wallin & Klarich to determine if the mistaken identity defense is applicable to your case.
A false rape accusation can also occur when you actually and reasonably believe that the victim consented to intercourse. The jury will examine the circumstances surrounding the incident and determine whether your belief that the victim consented was reasonable.
Rape cases often lack the amount or quality of evidence required to secure a conviction. For example, if the victim fails to seek medical attention after the alleged incident, the prosecutor may not have enough physical evidence to prove the accusations against you.
If you are being falsely accused of rape, your Orange County Wallin & Klarich Rape Defense Attorney can argue that the evidence the prosecution has presented against you is insufficient to convict you of rape.
Orange County Rape Defense Attorneys at Wallin & Klarich
If you or someone you know has been accused of rape in Orange County, the Orange County Rape Defense Attorneys at Wallin & Klarich can help.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.