Can text messages be used to prove I did not rape a girl? 25 Answers as of April 10, 2013

I had been seeing this girl that I met through a friend for a while. She used to send me a lot of dirty text messages, naked pictures, telling me how much she wanted me. She asked me to delete the texts, and I told her I did, but I actually didn't. Her and I slept together, and the next morning she was accusing me of rape. I was arrested, and now I'm facing rape charges. Can I show the judge or court the text messages as evidence that I didn't rape her?

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
If she was under 16 you are guilty of statutory rape. If she is over 17 it is your word against hers and the texts may be relevant. Retain a good criminal lawyer to handle the case.
Answer Applies to: New York
Replied: 4/10/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes they can be used by your attorney in order to rebut the contention that she did not consent.
Answer Applies to: Michigan
Replied: 4/8/2013
William L. Welch, III Attorney | William L. Welch, III
May be and then again maybe not. Whether evidence is admissible, and whether it persuades a judge or jewelry that an element of an offense does not exist are two separate matters. Also what might be persuasive to you might not be persuasive to the people deciding. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
Answer Applies to: Maryland
Replied: 4/5/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Prior statements may be used to impeach a witness. You will need tha assistance of an attorney in the proper prsentation and preservation of such communications.
Answer Applies to: California
Replied: 4/5/2013
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
Yes, they represent evidence of consent. Unless she was underage and not capable under the law of consent.
Answer Applies to: Washington
Replied: 4/5/2013
    Universal Law Group, Inc. | Francis John Cowhig
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. It is not just a simple matter of showing the judge your phone text messages and having the case dismissed. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 4/5/2013
    Law Offices of Eric J. Bell | Eric J. Bell
    Hire an experienced criminal lawyer to assist you regarding this matter. The text messages may be useful to show the sex was consensual. However, more information is needed.
    Answer Applies to: Illinois
    Replied: 4/5/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Discuss this with your lawyer. He may be able to get these messages into evidence for you. You do not know the procedures in the court in which your matter is pending, but your attorney should know, and may even be able to resolve the case before trial, by discussing all this evidence, along with whatever other evidence is available, with the prosecutor's office.
    Answer Applies to: Illinois
    Replied: 4/4/2013
    Henry Lebensbaum | Henry Lebensbaum
    You need a lawyer - this is over your head.
    Answer Applies to: Massachusetts
    Replied: 4/4/2013
    Epstein & Conroy
    Epstein & Conroy | David B. Epstein
    In short, yes. But it would not PROVE that you did not rape her (after all people have been convicted of raping their own wives), however it would likely be good evidence. Make sure that you tell your attorney about the existence of the texts, because showing the texts exists is one thing, but proving she lied about them could be even more effective. Your lawyer, along with you, should decide how and when to use this evidence. However, blurting it out to a judge with a prosecutor present may not ultimately be the best strategy.
    Answer Applies to: New York
    Replied: 4/4/2013
    Pingelton Law Firm | Dan Pingelton
    Get a lawyer. This is a serious charge, and you need to handle it as such.
    Answer Applies to: Missouri
    Replied: 4/4/2013
    Law Office of Alexis Plunkett
    Law Office of Alexis Plunkett | Alexis Plunkett
    The text messages can possibly be used as evidence, but not necessarily as evidence that a rape didn't occur. The text messages alone do not prove that you did or did not rape her. You need to show the text messages to your defense attorney, not to the judge or prosecutor.
    Answer Applies to: Nevada
    Replied: 4/4/2013
    Toivonen Law Office | John Toivonen
    First of all, you need to hire an attorney ASAP. If you cannot afford one, ask the court to appoint one for you. Do not speak to the police or anyone else about this matter until you speak with your attorney. Talking to people can only make this case worse. Be sure to save the texts, photographs, and any other evidence that could prove your innocence. I handle sex crime cases, and I am willing to talk with you.
    Answer Applies to: Michigan
    Replied: 4/4/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Show the messages to your attorney most likely they will help to prove that it was consensual sex and not rape.
    Answer Applies to: California
    Replied: 4/4/2013
    Midway Law
    Midway Law | Joseph I. Silverzweig
    That is a complicated question that is likely to lead to a lot of litigation at court. You should definitely show those texts to a defense attorney, they may well be admissible to prove consent. If you have not already, you should hire a defense attorney right away to represent you.
    Answer Applies to: Utah
    Replied: 4/4/2013
    Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
    It is evidence that Should be used in presenting Your defense. Your attorney will need it to rights the charges. If you are in New Jersey, contact me if you do not have a lawyer. If you do have counsel provide Your lawyer with the information immediately.
    Answer Applies to: New Jersey
    Replied: 4/4/2013
    Mari Morrison Attorney at Law | Mari Morrison
    Text messages are generally inadmissible as hearsay. However, you could get them in if you were able to get her to testing him and what the content of the messages were in her testimony. One thing that can be done is to read a text message to her and ask her if she text that on a particular date at a particular time. and she would either admit or deny. If she denies, you can use phone records to show a text was sent from her phone at the particular time and date and ask her if she allowed anyone to use her phone. A good lawyer would know how to do this.
    Answer Applies to: Alabama
    Replied: 4/4/2013
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    The good news is that yes, you should absolutely give them to your lawyer as proof that she consented to whatever sexual contact took place. Your attorney should subpoena the originals from the phone company so that their authenticity cannot be questioned. The bad news is that the their existence does not automatically guarantee a successful defense. It is certainly possible for a jury to believe that a woman planned on consenting but changed her mind and the accused did not stop when told. You need to discuss these issues with an experienced attorney as these are very serious charges.
    Answer Applies to: New York
    Replied: 4/4/2013
    Gates' Law, PLLC | Thomas E. Gates
    Past action, acts, or conduct does not address the rape charge, since it is character evidence dealing with past before the alleged rape. However, if she had sent you a message after the fact that did not accuse you of rape, then that would work in your favor. You do need an attorney to assist you.
    Answer Applies to: Washington
    Replied: 4/4/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, they can. Save those text messages. Lock them on your phone. They are your best defense.
    Answer Applies to: Utah
    Replied: 4/4/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Text messages can be used as evidence to defend yourself in Court. But you should not show these to the Court or judge. Your counsel should do so? If you are being charged with rape, it is critical for you to retain criminal defense counsel. Further, one of the major issues in any case is whether the defendant should take the stand at trial. The defendant is not required to testify, and in cases such as this a decision as to be made as to whether you should testify. Only you and your counsel can make that decision, but it is often preferable in these cases if the defendant does not testify. The text messages can be used by your counsel to cross-examine the girl who wrongly accused you of rape, and they may be admissible in evidence as a result of that cross-examination. Note that the fact that this girl sent you suggestive text message does not necessarily provide you with a good defense. Many court decisions hold that a girl who dresses in sexy and provocative clothes and otherwise engages in suggestive and flirtatious conduct can nonetheless press charges of rape. Further, it is possible that many of the text messages will not be allowed into evidence, because they might be deem unfairly prejudicial to the prosecutionmerely because a girl engages in suggestive texting does not mean that she consented to sex-and therefore, sometimes courts will refuse to admit evidence like this into the record. What matters is whether the sexual relationship was consensual. That often depends on forensic evidence, such as whether there were any bruises or other evidence showing signs of a struggle, or whether there was evidence that the victim was intoxicated. Also, if you try to turn use these text messages to defend yourself, the prosecution may try to obtain access to other text messages that may have sent, and these could be used against you . You need to carefully review all of your text messages with legal counsel to make a decision as to how to approach this situation. You may not want to expose all of your statements in text messages to scrutiny by the Court and prosecutors. In a situation like this, it is critical for you to retain criminal defense counsel you should not try to defend yourself because you will make mistakes that could cause you to lose the case. If you have not yet retained defense counsel, it is urgent that you do so. Also, if you are relying on a public defender, you need to raise this issue with your public defender and let your public defender guide you. Further, you should not speak with anyone other than your lawyer concerning your case. Indeed, it was a very bad idea for you to post this question on this web-site. This web-site is without doubt monitored by law enforcement and they could subpoena the web-site to find out your identity. It is critically important that you discuss this case only with your lawyer.
    Answer Applies to: New York
    Replied: 4/4/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    That would be evidence, and you will need a good defense attorney to assist in its presentation.
    Answer Applies to: Michigan
    Replied: 4/4/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You an show the prosecutor and the judge the text messages, but they do not mean that she was not raped, because she has the right to change her mind once you get naked.
    Answer Applies to: Georgia
    Replied: 4/4/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You should turn them over to your attorney. They can't hurt your case. They do not completely solve your problem. She could still say the incident was rape.
    Answer Applies to: Alabama
    Replied: 4/4/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    They are helpful, but you need to show them to your lawyer first.
    Answer Applies to: California
    Replied: 4/4/2013
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