How to Defend Against California Date Rape Charges

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How to Defend Against California Date Rape Charges

Getting charged with a crime can be stressful and confusing, especially if the circumstances have been misconstrued or you’ve been wrongfully accused. Sometimes, law enforcement officers file charges against individuals without the whole story, which doesn’t minimize your ability to defend yourself or protect your rights. Even if you are not entirely innocent, there are tools and strategies you can utilize to fight for yourself and improve your odds of legal fairness after a date rape charge.

Some defenses for date rape include establishing an alibi, making an argument that you were mistaken for someone else, or that the sexual activity in question was consensual. But there are additional steps you can take to defend yourself after you’ve been charged with date rape or another sex crime. If you need assistance finding a solid set of defenses or want to reduce stress during this process, a criminal defense lawyer in San Diego from Bernal Law can help you navigate the court system confidently.

Potential Defenses for Date Rape Charges

There are many strong defenses you and your sexual assault lawyer can utilize during a date rape trial, though the ones that will work for your case will depend on the specific circumstances. The following are the bases for these arguments that you can tailor and expand upon with help from an attorney:

  • The crime did not occur
  • You were mistaken for another individual
  • The sexual activity was consensual
  • You have no reason to believe the victim was unable to consent
  • Mistaken belief in the ability to give consent
  • The accusation was false

Your San Diego criminal defense lawyer from Bernal Law will be able to analyze any relevant evidence to elevate your arguments and boost the believability of your defenses. Please get in touch with us as soon as possible to begin working on your case and fighting for your rights.

What Do I Do After a Date Rape Charge?

After a date rape charge, you will likely benefit from following specific steps and strategies. The best steps to take after a date rape charge include:

Exercise Your Rights

While it’s important to comply with law enforcement officers whenever they communicate with you, it’s also important to exercise your rights. While officers can ask you to share your name and other identifying information, they cannot force you to speak against yourself. Exercise your right to remain silent until you have the support of an attorney.

Stay Offline

If allowed to use the internet, we strongly encourage you to deactivate or log out of any accounts you might use to post online. Even if the information you share is unrelated to your case or behind privacy walls, anything you post can be used against you. This includes comments, text posts and threads, photos, and videos.

Work With a Date Rape Defense Attorney

A qualified and dedicated attorney can fight for you in many ways, including speaking on your behalf, completing and filing paperwork, leveling the playing field against other parties and legal representatives, and more.

Please get in touch with Bernal Law for more information. By contacting us as soon as possible, you improve your chances of receiving positive results and reduce penalties during this process. Sufficient time will also ensure we can collect and analyze evidence, understand your circumstances and priorities, and build arguments in your favor.

Bernal Law’s Date Rape Defense Attorney Will Fight for You and Defend Your Rights

If you have been charged with date rape in California, you do not have to protect yourself without support. Instead of acting alone, contact Bernal Law for assistance during this challenging time. An attorney like Pedro Bernal can provide valuable resources, detailed and tailored recommendations for next steps, and can complete legal tasks to reduce stress levels.

Please don’t hesitate to contact us at your earliest convenience. We can quickly answer your questions, grant clarity during a confusing situation, and schedule a consultation and case review when you connect. Contact us when you call (619) 736-9092 or complete our online contact form.

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