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Rape: The Criminal Allegation That Is Easy To Claim and Increasingly Difficult For The Defendant To Disprove
For decades, the crime of rape has been known as the easiest criminal allegation to make by the alleged victim and the hardest to disprove by the defendant. Our law office has witnessed false accusations of rape on a monthly basis for the past three decades. In the 1960′s, the victims of this brutal crime were able to take advantage of significant changes in the law that made it easier to obtain convictions and justice. Unfortunately, these changes also made it easier for those who were falsely accused of rape to be convicted as well. Adding to the defendant’s difficulties is the controversial “Rape Trauma Syndrome,” an irresponsible psychological theory that has been rejected by mental health professionals, but is still being used by prosecutors as so-called evidence in cases alleging the crime of rape.
Laws Make It Easier To Obtain Convictions
Contact an Innocence Legal Team Rape Defense Lawyer Today
The Courts have long known that rape is an easy allegation to make but one that is hard to disprove. In fact, the most likely false accusation of a crimewas that of being accused of rape until “child molestation” became a significant national issue that flooded the legal system. The Courts perceived the potential threat of false allegations of rape and fashioned Jury Instructions to inform members of the jury that such allegations were easy to make by the complainant but difficult for the defendant to disprove. Today, such jury instructions are not allowed to be given as a result of changes in the law, changes that also mandate giving a very different set of instructions to the jury.
Jury Instructions
The judge must now inform the jury that 1) an allegation of rape does not require any evidence of corroboration; 2) there is no requirement for medical evidence; 3) there is no requirement for DNA evidence; and 4) there is no requirement for a second witness. In short, there is no requirement for obtaining a conviction other than the bare allegation made by a complainant. Even the manner in which the jury is selected is tainted with this attitude that evidence does not matter. During the selection process, prosecutors can demand that each perspective juror must agree that he/she would not require corroboration of a crime to render a guilty verdict. If the juror disagrees with this demand, he/she can be excused.
Rape Shield Laws
Consensual sex is still legal. Being able to prove consent, however, has become more difficult for the defendant. For example, if a man meets a women at a bar and has sex with her that night but later she claims that she was raped, the man was once able to introduce evidence to help establish a pattern of consensual sexual behavior on the woman’s part. That might have been the testimony by witnesses that the women routinely came to the bar every night, engaged a man’s companionship, and then went home for sexual relations. Such evidence was highly relevant to show the sex on the night in question was consensual. This type of evidence is no longer admissible.
Victims’ rights advocates were rightly concerned with legal strategies that put the victim’s personal life on trial. Unfortunately, highly relevant evidence that can protect an innocent defendant is no longer allowed because politics have obscured justice, while powerful lobbies have helped to pass what is now called “Rape Shield Laws.” Under Rape Shield Laws, a defendant in today’s courtroom is forbidden to introduce the prior sexual conduct of the complainant on the issue of consent. (Like the example above.) And yet, no one has ever successfully shown that the evidence of prior sexual conduct is not relevant in determining consent. While the Rape Shield Laws were intended to encourage more women to come forward and testify, they simply have made it easier to falsely accuse and convict an innocent individual.
In 1998 the West Los Angeles legislature passed Evidence Code § 1108 that further crippled a defendant’s ability to remain innocent until proven guilty in the eyes of the jury. The new code section allows the prosecution to introduce allegations made by other women who were allegedly assaulted by the defendant in order to prove that a rape occurred in the currently charged offense. However, no corroborative evidence is required to introduce these alleged crimes. There does not have to be a previous conviction. Nor does there have to exist a prior criminal charge or even a prior police report. The uncorroborated word of a single individual is sufficient.
Responding to a backlash meant to protect victims of rape, the legislature is creating new victims by keeping out the sexual history of the complainant on the issue of consent, and by allowing into evidence the sexual history of the defendant. Those people who are guilty of rape should be convicted. Yet political interests have created legislation devoid of reason and justice, and only make it easier for the prosecution to obtain convictions. Those who are falsely accused must be given back the right to defend themselves adequately in a court of law.
Rape Lawyer Specialist
When accused of rape you need a Rape Defense Attorney Specialist. The Innocence Legal Team only represents people accused of sex crimes. Our rape attorneys are not only specialists in this difficult area of the law, but are supported by a team of other rape lawyers who work on your behalf with investigators and expert witnesses.