July 26, 2020 1:32 pm Published by

A number of years ago, I represented an athlete at a major college who was accused of date rape.  Obviously, I won’t give all the specifics about it as to not reveal who it is. However, in the end we were able to convince the police not even to file the case in the first place. California Penal Code 261 defines the crime of date rape.

My client ended up taking a lie detector test.  That’s what they wanted.  So, instead of using their lie detector person, we used our own lie detector person — a former police officer who found that my client was telling the truth — that he did not rape the girl.

It was a bit of a ridiculous case sex crime case, but still, when you’re staring down the barrel of an allegation of rape, it’s very scary.  I even had to fly out to the school and I help represent him in the hearing that the school had to see if he was going to be expelled from school.

District Attorney’s Office Rejected the Case

Fortunately, we were able to prevent that.  We were able to prevent the police from even taking the case to the District Attorney’s office and the case was never filed.  My client was able to resume his athletic career, his college and hopefully, he was successful in his endeavors.Date Rape Charges Dismissed for Athlete Defendant in California

But it was one of those situations that was very weird.  He knew the girl involved.  He was sleeping in his room at about 3:00 a.m., she came in — long story short, they ended up having sex and then her boyfriend found out about it, and now all of a sudden, he’s accused of raping the girl.

The detective was very reasonable and very fair.  He obviously realized that there were problems with her story — problems with the case in general, and I think felt like they weren’t going to have a chance to successfully prosecute my client anyway, so fortunately, my client ended up not getting any charges filed which is great.

Negotiation to Avoid Filing of Criminal Charges

I hate those cases where people get arrested for a serious crime like rape and then the DA’s office later realizes that they’re innocent, so they dismiss the case.  But now the person has an arrest record which is horrible, so you want to try to avoid a filing in the first place.

That’s what we were able to do.  Sometimes you can do that even in serious cases like rape.  The police realize that sometimes a woman will make up allegations against a person.

They realize that sometimes there’s a motive behind what’s going on, and in this case, I think the boyfriend found out about it, so the girl, in order to protect her relationship and also probably to her degree to protect her reputation on the campus, decided that she was going to say that my client had raped her.

The circumstances don’t even make sense that he would rape her when she’s coming into his room versus him going into her room.

So, you have to look at the facts and circumstances of a case.  You have to talk to the client, and obviously, I put my 26 years of experience of being a criminal defense attorney to work in defending people in sex crimes and numerous other crimes — over 200 jury trials.

Experienced Criminal Lawyer in Los Angeles

So, I usually have a good feel for what type of a case the prosecutors have and I’m able to either talk to the police in a professional way and point out some of the issues they have, or sometimes because they get confused as to the strength of a case.

I’ve had to talk to the prosecutors because the police end up getting the prosecutors involved early on in the case.  So, we can end up getting a non-file or a dismissal in the case.

So, if you or a loved one is charged with some sort of a rape-related offense and you need help, pick up the phone, make the call.  Let me know what’s going on and we will begin the process of defending the case and handling it the right way.

Hedding Law Firm is a top-ranked criminal defense law firm located in the San Fernando Valley at 16000 Ventura Blvd #1208 Encino, CA 91436. Call our office for a free case evaluation at (213) 542-0940.

Categorised in: