When it comes to defending any criminal charge, including date rape charges, it is essential to remember that every individual has the right to legal representation and a fair trial. In Florida, as in any other jurisdiction, individuals accused of date rape are entitled to a defense aimed at ensuring their rights are protected throughout the legal process.
Stechschulte Nell, Attorneys at Law, defend every client with passion and total commitment. We do so because we believe that easy prosecutions of defendants without a skilled and devoted criminal defense lawyer assisting the defendant will lead to injustice and will produce more innocent victims, those who are wrongly convicted.
Date rape cases can be particularly complex, as they often involve questions of consent, credibility, and the interpretation of events that occurred during intimate encounters. Defending against such charges may involve various strategies, depending on the unique circumstances of the case.
It is essential to consult with an experienced attorney who provides personalized legal advice, straight talk, and whom you can trust with intimate, sometimes embarrassing information.
Every Accused Defendant Is Presumed Innocent
In Florida, as in other states, individuals accused of a crime are presumed innocent until proven guilty beyond a reasonable doubt. Stechschulte Nell, Attorneys at Law, will work to enforce this presumption and challenge the prosecution to meet the high burden of proving every element of every charged offense required in criminal cases.
Defense to Date Rape Charges in Florida
Consent is the central issue of contention in many date rape cases. The definition of “date rape” implies that there was an existing relationship between the defendant and the complaining witness before the alleged date rape. Very often, there was an agreement to engage in some intimacy, sometimes kissing and petting, sometimes more.
However, the nature of a date rape charge means that the defendant is accused of exceeding the conduct consented to by the alleged victim and sexually assaulted them. If there was consent given to some intimate activity previously, when did it cease? How was the withdrawal of consent communicated to the defendant?
Consent defenses to date rape charges involve examining communication records, witness statements, and other evidence to demonstrate that there was no lack of consent.
Contesting A Witness’s Credibility
Aggressive, experienced criminal defense lawyers scrutinize the credibility of witnesses, including the accuser and any potential corroborating witnesses. This requires investigating the background and character of witnesses, as well as any potential biases or motives they may have. Many witnesses provide written statements that defense lawyers will receive in pretrial discovery in advance of any trial.
These and other records usually contain numerous inconsistencies and outright errors. The work of talented criminal defense lawyers includes being able to deftly distinguish between honest or inconsequential memory lapses, and intentional deception. Even discovering honest mistakes in a witness statement can be valuable for the defense because it discounts their reliability as a source of reliable information.
Using Surveillance and Technology
Stechschulte Nell attorneys often use surveillance footage, text messages, emails, telephone records, and other forms of electronic communication to support our client’s position or challenge the prosecution’s claims. There are few public places today in which surveillance cameras are absent. Streets, bars, restaurants, apartment entry foyers, and neighbors’ Ring cameras all provide bits of valuable data that are unaffected by a witness’s personal bias or motive to lie.
Social media communications often contradict a witness’s formal police statement and disclose that the events that occurred are very different than those alleged by the prosecution.
Factual Innocence Because a Complainant is Lying
While not common, cases still arise in which a complaining witness is just making up the date rape narrative. No date rape charge is easy to defend because without evidence to contradict or challenge a witness’s version of events, even false allegations could sound true to a prosecutor and a jury.
Defending against a totally fabricated claim of date rape can involve researching and proving the defendant’s alibi. If the date rape is alleged to have occurred when the defendant was elsewhere, where were they? Are there records to prove their whereabouts or witnesses to verify the veracity of the alibi.
Negotiating Favorable Plea Bargains When Necessary
Depending on the circumstances and evidence, the facts may be such that the defendant’s best interests suggest engaging in plea negotiations with the prosecution to seek a lesser charge or reduced sentence.
Remember that each case is unique, and the defense strategy will vary based on the specific details and evidence available. Engaging Stechschulte Nell, Attorneys at Law, gives you the professional expertise and decades of experience you need in your criminal defense attorney. It is crucial in these situations to ensure a robust defense that respects the rights of all individuals involved, but also demands proof of the facts, and does not rely on sympathy for the complainant.
Sex Crime Defense
If you or someone you know is facing such charges in Tampa or St. Petersburg, contact Stechschulte Nell, Attorneys at Law to ensure the best possible outcome and a fair trial for everyone involved – call 813-280-1244.
