July 28, 2020 12:54 pm Published by

A number of years ago, I had a big date rape case and my client was charged with doing something very serious and he was looking at both prison time, registering as a sex offender and a host of other repercussions.  He was a student athlete and obviously, he would lose his standing in college and lose his reputation in the community.

The case ended up proceeding to jury trial and the one thing that really saved the day for my client was number one, the credibility of the alleged victim was not good.

She had made some inconsistent statements during the investigation and then she even ended up making some inconsistent statements on the witness stand in front of the jury during the trial and I was able to point that out.  But it was just a crazy scenario.

Consensual Sex Argument in Court

They had met on the road and they decided to get together.  They started drinking.  They went over to her house.  He ended up spending the night and they ended up having sex.

The next morning, I don’t think she was happy with the way he left and how he handled himself following their encounter, so she decided that it was a rape case, but the reality was that it really was not.  He hadn’t done anything wrong.  The sex was consensual. Not Guilty Verdict in California Date Rape Prosecution

They were both probably intoxicated, but that doesn’t necessarily mean that it’s rape.  If he consented and she consented and the surrounding circumstances make it clear to an average person that he didn’t do anything wrong.

It wasn’t aggressive, wasn’t violent, didn’t hurt her in any way, and it’s really a matter of sour grapes after the fact and being mad with the way he handled the whole situation versus looking at exactly what happened and looking at her actions in having him come over, drinking with him and allowing him to spend the night.

Again, certainly not a justification for anybody to rape another person, and fortunately, the jury as able to find him not guilty pretty quickly.  I would say within about two hours after they deliberated, the jury came back not guilty.

Lack of Evidence and Witness Credibility

I think it was the right decision based on the lack of evidence, the lack of credibility of the alleged victim. There was one point where she admitted under penalty of perjury on the witness stand in front of the jury that she had given the police some information about an important topic in the case and she really pretty much just guessed.

She did this even though she knew how damaging it was going to be to my client, his reputation, his freedom and everything that would surround a rape case.  So, I really think the jury was angry and put-off by that, that she would just make something up just to fill in the blank in such a serious charge like a rape case under California Penal Code 261.

Experienced Criminal Defense Lawyer

So, if you or a loved on is charged with with any type of sex crime and you need a defense attorney that has handled these types of cases and had success, you’ve come to the right place.

We’ll have you come into the office, sit down and go over all the details, and I think one of the first things we’ll have to decide and evaluate is whether or not we’re going to fight the case or whether or not it’s a case that’s going to need to be resolved by way of a plea negotiation.

Once we decide, then all of the chips kind of fall in place and we’re able to design a game plan to get the best possible result.

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