Over the past few years, the attitude and laws for rape have got a drastic change. The term rape can be defined as non-consensual sexual intercourse. The act of rape is often done by showing fear, threats, or force. The charge of rape has also given some types such as statuary rape, stranger rape, as well as date rape. A rape defense law firm came into existence to help the person fight against a rape charge.
Legally, a victim has many powerful rights to apply for a rape charge against the rapist. Sometimes, an innocent person can also fall into the trap with these powerful rights. But some defenses can be used by the person to fight a rape charge. Evidence and witnesses also play a major role to prove the innocence of the defendant. This article will be dedicated to discussing the defenses used to fight a rape charge.
Just like all other crimes, claiming oneself as innocent is the fundamental act of defense against rape charges. With this, the defendant can simply deny the involvement in the particular crime. Alibi defense is the easiest way to claim innocence defense. This can be claimed by proving that the defendant was not present at the location of the crime when it took place. Evidence and witnesses can be used and presented to prove the innocence. To prove alibi defense, evidence such as vehicle GPS data, store receipts, surveillance footage, etc can be presented.
Consent is another fundamental defense that can be used to fight a rape charge. In this defense, the defendant can prove that the defendant and the alleged victim had sexual relations, which involves consent from both parties. But, children, teenagers below 16, or people with mental illness are not allowed to opt for this consent. The lawyers from a reputed rape defense law firm may help to find out which defense is helpful or applicable for a particular defendant and accordingly one can proceed.
The insanity defense is also an important point to fight a rape charge. The person who is fighting a rape charge can prove that the mental illness has a wide effect on their judgment and see this act as a crime. The defendant may prove that they were suffering from mental defects when the rape act was taking place. The insanity defense allows the defendant to claim that they were not able to distinguish between right and wrong. This defense may help to prove that the defendant does not hold responsibility for this sexual assault or rape crime.
These are some of the usually used defense terms to defend a rape defendant. There are also many other factors and terms which can be used for the defense. There are many rape defense law firms serving to help innocent defendants against the rape charge. Hiring a professional rape defense lawyer from a reputed firm would be more helpful to fight a rape charge.