The Four Elements of Forcible Rape
Rape is an incredibly emotionally charged topic, and because of stigmas surrounding this crime, many people who are accused of rape are presumed guilty before a shred of evidence is presented. Fortunately, an experienced attorney may be able to help protect the rights and reputations of those facing rape charges.
If you have been accused of rape, or any other crime, a Dallas criminal attorney at the Law Offices of Mark T. Lassiter can help you defend yourself against these allegations. Dial 214-845-7007 to schedule an initial consultation to learn more about your legal options.
A forcible rape case is determined in court by proving or disproving the crime’s individual components. The first component is penetration. Determining that the victim was forcibly penetrated by any object is the first thing that must be proven in any rape case. An inability to prove that such a forcible penetration occurred can halt a rape prosecution in its tracks.
A rape charge also requires proof of force or resistance, as well as non-consent. Force can include deceptions and seductions. Non-consent means the plaintiff did not want to engage in a sexual act with the accused individual. In some instances, consent will be established in legal proceedings from contextual queues.
Lastly, rape is confirmed by the defendant’s state of mind (mens rea) at the time of the crime. If the defendant honestly did not know he or she was committing rape at the time, it might help them escape prosecution, barring any gross negligence.
If you’ve been accused of rape, you are facing serious allegations that can follow you for a long time. You will need an attorney who has experience defending complicated cases like these. A Dallas criminal lawyer at the Law Offices of Mark T. Lassiter can provide you with the legal advice and assistance you need at a time like this. Contact us at 214-845-7007 to learn more about your legal options.