Method of Rape Charge Defense
Rape Defense Lawyer in Prince William Virginia can defend the rape charges in several ways. The first way is denial defense. The defense of negation consists of a total negation of the facts alleged by the complainant. The person who uses the defense of denial, therefore, has a totally different version of the victim. It is possible for someone to be charged with an offense they did not commit. The accused may also be the victim of false allegations. In this case, the lawyer uses a defense of negation since he denies the facts, he asserts that nothing that is mentioned by the other party is true. Rape Defense Lawyer in Prince William Virginia can use Age Error Defense. The age-defect defense is when a person claims that he believed the victim was eighteen or at least sixteen. This defense is assessed according to the assessment of the circumstances and especially by the reasonable measures taken by the accused to ensure the age of the complainant.
The suspect must not have acted by willful blindness or if he/she was unaware of the age of the victim and may not have reached the age of sixteen. Then the lawyer can make the logical argument to defend a suspect. He must have acted reasonably by inquiring about the age. Rape Defense Lawyer in Prince William Virginia have the complete knowledge of the law and therefore, he can use error made in good faith to defend the suspect. Since mistake of fact, that is made in good faith and in a reasonable manner can be a sufficient defense. The application of the men’s rea, which is the state of mind of the person, the mental element of the crime, can be consist on asking the question: that how would a reasonable person have acted? This objective men’s rea does not have the effect of punishing the morally innocent person. Then, if the judge finds that the accused actually believed that the person was eighteen or at least sixteen years old and that belief was objectively reasonable, he acquits the accused of the fact that there was an error that committed and that it was in good faith and reasonable.
Rape case Proceeding
The investigation of a rape case began with a morality investigation by the complainant and it is the same time when the duty of Rape Defense Lawyer in Prince William Virginia starts. The police began to inquire about complaint’s degree of reliability. If the victim previously had sex, she is suspected of lying. Afterward, the Rape Defense Lawyer in Prince William Virginia has to convince the doctors. The doctor conducts the session where the victim and all parties involved and suspected in the case are informed about the results. Later on, the suspects are presented in the court and the judge hears the reasoning of the victim and accused. Finally, the judge compares the reasons presented by the victim and defense lawyer and then compare the medical reports. Lastly, the defense lawyer can use all the reasons to make a defense or the judge finalize his decision against the accused.