What to do if Your Ex-Girlfriend is accusing you of Rape
Home >
Blog > What to do if Your Ex-Girlfriend is accusing you of Rape
00
Stephen Klarich
April 19, 2011
If you’re being investigated for committing rape, you have all the same rights and protections that any criminal accused has. This includes the right to avoid self-incrimination (often called the “right to remain silent” or “Miranda right”), the right to be protected from unreasonable (which usually means warrantless) searches, and also the Sixth Amendment right to confront witness against you. This means that yes, you—or rather your lawyer; you should not try to defend yourself from a rape charge, but rather should retain legal counsel to represent you—can put your accuser on the stand and cross examine her.
In many states, what are known as “rape shield laws” will limit your ability to question her about her sexual background or history (if you had been intending to do that), but you can certainly question her about the her statements, accusations, what happened that day, etc.
Remember: get an attorney. A lawyer will know how to make sure you take advantage of all the defendant’s rights and protections available to you. If you cannot afford an attorney, one must be appointed for you (that’s another right you have).
Your Answer
Stephen Klarich
Author:Stephen D. Klarich
Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Klarich a premiere Southern California attorney. Mr. Klarich founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Klarich has been successfully representing clients for more than 38 years. Clients come to him for help in matters involving sex offenses, murder, violent crimes, misdemeanors, felonies and other sex crimes. View all posts by Stephen D. Klarich.
Related Testimonials
-
He was fantastic at explaining things, providing context, and most importantly did not pressure me.
-
With a quick conversation, he quickly calms me down, provides me a detailed plan and assures me that everything will be ok.
-
Their professionalism and dedication was able to solve my problems without any hiccups. I highly recommend them to anyone!! 100%!
-
Not only was Matthew extremely forthcoming, knowledgeable, informative, professional, and honest throughout the whole process, but he also made himself available to me whenever I became worried or unsure of where things were going, and he always kept me calm, confident, and centered, and above all, he did his job with absolute professionalism and fought for me to the point where the DA rejected my case, ending this horrendous situation in my life before it even saw the inside of a courtroom.
-
My case was closed today and thanks to Mr. Balderrama’s hard work and diligence we were able to work out an outcome that ultimately relieved me of so much stress and fear.
