How do you prove your innocence if you’re saying it was consensual and she says its rape? 18 Answers as of June 27, 2013

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
There are many facts and circumstances that will be relevant on the consent issue. If you were dating her, slept with her before, she agreed to kiss and fool around but said initially said no to sex only to be persuaded that is not rape. If there is no evidence of a struggle, no torn clothes, blood, bruises, or damage to the vagina that would look like consensual sex. If she ran out of the house, immediately reported it, screamed and struggled, has any bruises, and had not slept with the man before that looks like rape. If she is a girlfriend who gets dumped or discovers her boyfriend is cheating and then goes to the police as an act of revenge it will look like a false accusation. You should retain a good criminal lawyer since rape is a very serious crime and you will face a long prison term if convicted. If it is a stranger that you met or abducted and they have your DNA you will usually be convicted.
Answer Applies to: New York
Replied: 10/14/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
It is her burden to prove your guilt beyond a reasonable doubt. Character issues, eyewitnesses, bruising, etc. would all be relevant evidence.
Answer Applies to: Pennsylvania
Replied: 10/13/2012
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
It is up to the jury.
Answer Applies to: Nevada
Replied: 6/27/2013
Connell-Savela
Connell-Savela | Jason Savela
hire the best attorney you can afford do not talk with police or prosecutors do not tell your version of events to anyone but your lawyer do not talk to alleged victim (cops often have her call you and try to get you to say what happened, admit things - its recorded and they are trying to convict you - hang up, say nothing or that s not how I remember it) treat this case seriously - it is possibly life in prison
Answer Applies to: Colorado
Replied: 10/13/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Under the law you do NOT have to prove your innocence. The State has to prove your guilt beyond a reasonable doubt. Your attorney would try to make the jury see reasonable doubt as to your guilt. A jury may think you are guilty but if they have reasonable doubt as to your guilt then they HAVE to find you not guilty.? This means the prosecution did not prove to them guilt beyond a reasonable doubt. Not guilty has nothing to do with being innocent.
Answer Applies to: Michigan
Replied: 10/13/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You do not have to prove anything. The prosecution has the burden of proof. You start your defense by not saying anything to cops. They really are not interested in your side . They just want you to say something that can be used to convict you. Next, you get an attorney.
    Answer Applies to: California
    Replied: 10/13/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Get a lawyer. You don't have to prove your innocence. The prosecution must prove your guilt beyond a reasonable doubt. I have no idea what evidence they have against you aside from her allegations, but this is not a simple question & answer on the internet situation. You're in serious trouble. Get a lawyer. Until then, keep your mouth SHUT about any of this. No texts, tweets, facebook, emails, phone calls.... NOTHING. Do NOT discuss this with anyone except your lawyer.
    Answer Applies to: California
    Replied: 10/13/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Honestly, the first step would be to obtain an attorney. When you first appear in Court, the Court will determine if you can afford your own attorney or if the Court must appoint one on your behalf to represent you. At that time, you should discuss the facts with your attorney to get an idea what to expect in the criminal defense process. If an attorney is not appointed, I strongly recommend retaining private counsel.
    Answer Applies to: Nevada
    Replied: 10/13/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Hire an experienced defense attorney. You may want to hire a private investigator too.
    Answer Applies to: Washington
    Replied: 10/13/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer. However the burden of proof is on the prosecutor to prove you guilty beyond a reasonable doubt.You should hire an attorney and disclose all the facts and circumstances.
    Answer Applies to: New York
    Replied: 10/13/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    It's not your burden to prove a negative it's the prosecution's burden to prove that it was rape.
    Answer Applies to: New York
    Replied: 10/13/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You hire a lawyer, because trust me, no matter what you say, your words will be twisted around to be used against you later in court. That is why the smart thing to do is to exercise your right to remain silent and let the lawyer do the talking.
    Answer Applies to: California
    Replied: 10/13/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    The first thing to keep in mind is that it is not your job to prove you are innocent. It is the prosecutors job to prove you are guilty. As for evidence that is was consensual, you want to save everything you have from her that might indicate she consented. Save every text message, every email, voicemail, or letter. No matter how off topic it may seem, you need those. Show them all to your lawyer. If you do not yet have a lawyer, get one immediately. Do not talk to the police without your lawyer present. Also, try to think of anyone who may have seen you together who might be a helpful witness. Any place in public might also have video of you two together. You want to subpoena videos immediately because some businesses will not save the videos for more than a week or two.
    Answer Applies to: Utah
    Replied: 10/13/2012
    The Law Offices of Scott Clines, P.A. | Scott Clines
    You don't have to prove anything, the burden of proof is on the state to prove beyond a reasonable doubt that you committed a crime. This sounds like a classic he said/she said type case. If all the evidence the state has is her word versus yours, the outcome will most likely turn on the credibility of each party; which one of you does the jury (or judge if it's a bench trial) believe over the other? If there is other evidence, such as the results of a medical exam, other witnesses claiming they heard or saw something, etc., you'll have more of an uphill fight.
    Answer Applies to: Florida
    Replied: 10/13/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Its whoever the jury believes.
    Answer Applies to: Michigan
    Replied: 10/13/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Proving innocence in such a case can be almost impossible. This is why our system puts the burden of proof on the state. You are" presumed innocent" unless or until the state proves guilt "beyond a reasonable doubt". You may need to take your case to trial. Unfortunately, a jury does not proclaim innocence. It merely determines whether the state has met its burden of proof. It is not a perfect system but it is better than making the accused "prove" his innocence.
    Answer Applies to: Minnesota
    Replied: 10/13/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    You need to hire a good lawyer for something like this rather than trying to learn your defense by emails.
    Answer Applies to: Pennsylvania
    Replied: 10/13/2012
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    You don't ever have to prove yourself innocent. You need to keep the state from proving that you are guilty. It may not seem like much of a difference, but in this case it is a distinction with a big difference. The most important advise for you is to keep your mouth shut; do not talk to anyone about the case except your lawyer. If you do not have a lawyer get one immediately. He can discuss with you any possible defenses.
    Answer Applies to: Montana
    Replied: 10/13/2012
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