In Fairfax, the attorneys of Crowley Peritz offer dedicated services for rape offenses. Rape is generally considered one of the most egregious crimes a person can commit, and convictions for rape offenses can permanently impair people’s rights and reputations. Merely because the State charges an individual with a rape crime does not mean it will be able to obtain a conviction, though, as, in many instances, there are one or more viable defenses a person can offer to avoid a guilty verdict. As such, it is critical for anyone faced with rape accusations to speak to an attorney as soon as possible. The assertive Fairfax rape offense lawyers of Crowley Peritz Law are adept at helping people charged with crimes fight to protect their rights, and if you are accused of a rape offense, we can advise you of your options for seeking the best legal result possible under the facts of your case. We have an office in Fairfax, and we regularly defend people charged with crimes throughout Northern Virginia.Rape Offenses Under Virginia Law
Under Virginia law, multiple acts constitute rape. Specifically, the act of using threats, intimidation, or force to compel someone to have sexual intercourse against their will with you or any other individual constitutes rape. Notably, a person can be charged with a rape crime regardless of whether the victim is their spouse. It is also considered rape to have sexual intercourse with a mentally incapacitated or physically helpless person, or a child under the age of thirteen, or to force that individual to have sex with someone else.Penalties for Convictions for Rape Offenses
Convictions for rape offenses result in sentences of a minimum of five years imprisonment. Further, in cases in which the victim is under the age of thirteen, the defendant is more than three years older than the victim, and the rape is part of the same course of conduct or part of a common plan or scheme as the crimes of kidnapping, abduction, burglary, or other enumerated acts, a rape conviction will carry a minimum penalty of twenty-five years imprisonment. In cases in which the victim is under thirteen, and the defendant is eighteen or older, a guilty verdict comes with a mandatory life sentence.Possible Defenses to Rape Offenses
What defenses, if any, a defendant charged with rape can assert will depend on the facts of the case, but some defenses are more commonly available than others. For example, a defendant may be able to argue that the sexual intercourse in question was consensual, and therefore, no crime occurred. As there are often no witnesses to rape offenses, whether a jury returns a guilty verdict in such a case will depend on whether it finds the defendant’s or victim’s accounts to be more believable. It is important to note, however, that consent is not a defense in cases in which the victim is a minor or otherwise lacks the ability to consent.
A defendant may also be able to argue that the errors during the process of investigating or arresting the defendant rendered certain evidence inadmissible. For instance, if the police failed to advise the defendant of their Miranda rights prior to questioning or arresting them, it may be considered a violation of the defendant’s Fifth Amendment rights. As such, any incriminating statements made or evidence obtained prior to a Miranda warning may be deemed inadmissible at trial.Speak to a Knowledgeable Fairfax Rape Offense Attorney
Convictions for rape offenses typically cause irreparable harm to a person’s rights, relationships, reputation, and career prospects. It is essential, therefore, for anyone accused of a rape crime to consult an attorney regarding their options for seeking a favorable outcome. If you are charged with a rape crime, the knowledgeable attorneys of Crowley Peritz Law can assess the facts of your case and gather the evidence needed to provide you with a strong chance of a successful legal result. You can reach us to set up a confidential meeting by calling us at (703) 337-3773 or using our online form.