Rape

Expert Rape Attorney

By definition, rape is forced or non-consensual sexual intercourse. The fact is rape is one of the most serious sex crimes a person may be accused of committing. A convicted person can have a maximum sentence of 15 years in prison. In some cases, rape is punished by a maximum of 20 years in prison in some aggravating factors (for example the person raped is under 15 years of age).

The public may have a misconceived notion about rape. For instance, many believe a wife cannot charge a husband of rape because of the legal contract of marriage. This is not the case. A man can be accused and charged for rape by his wife if it meets certain criteria. 

Likewise, a victim need not resist the alleged perpetrator for a prosecutor to charge a defendant. A definite “NO” to the act of sex does not need to exist for rape charges to be filed.

He Said/She Said Rape Charges

Another more unknown fact is that the law states the testimony of a victim does not have to be corroborated in prosecutions. That means that the victim does NOT have to secure a witness to bring charges against the perpetrator. A “He said, She said” situation can escalate because all a person has to claim is that he or she is a victim of rape. There does not need to be any evidence, medical or physical, for one to claim that they have been victimized of a sexual crime. 

In cases of rape, the defendant may have to produce blood, saliva, or tissue sample for DNA identification.  

It is not unheard of a person to claim rape and bring false allegations. Do not talk to authorities before you contact us, McCririe Law PLLC. We will make sure your rights are protected.