Sexual Assault

Sexual Assault may be defined as two persons engaged in the act of sexual intercourse; however, the act of intercourse was against the goodwill of the alleged victim; the two persons were not married to each other at the time of the act of sexual intercourse; and the act was accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful injury to the alleged victim or another person.

Rape is considered a sex crime. Other types of sex crimes include: Child Abuse, Child Enticement, Child Procurement, Child Exploitation, Date Rape, Failure to Register - Sex Offender Registration, Indecent Exposure, Internet Porn, Lewd and Lascivious Acts, Lewd Conduct, Molestation, Obscene Acts, Pandering, Pedophilia, Pimping, Child Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sexual Harassment, Sodomy, Statutory Rape, Violation of Sex Offender Registration.

Consequences for the conviction of rape may include:

• Imprisonment
• Sex offender registration
• Loss of the right to vote
• Loss of the right to own a deadly weapon
• Probation or parole
• Mandatory AIDS testing
• Court ordered rehabilitation
• Significant fines

Likelihood of any of the above consequences depends upon the following factors:

• Prior similar convictions
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on case
• Mitigating/aggravating circumstances

Defenses of rape may potentially include:

• Consent
• Insufficient evidence
• Factual innocence/mistaken identity

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Retain qualified counsel as soon as possible
• Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
• Do not investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Early investigation and identification of all facts helpful to your defense
• Interview police to minimize or eliminate the case
• Interview the prosecutor to minimize or eliminate the case
• Interview all witnesses
• Reduce or eliminate bail requirements
• Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
• In appropriate cases, negotiate jail alternatives
• Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
• Coordinate a private lie detector test
• Develop appropriate motions to dismiss the case
• Develop appropriate motions to suppress evidence

If you are charged with a sexual crime in the federal, state, juvenile or military court jurisdiction, please contact the criminal defense attorneys at Jacoby & Meyers for a free consultation. We have offices nationwide.