QUESTION
How do you prove your innocence if you’re saying it was consensual and she says its rape?
Asked on Oct 11th, 2012 on Criminal Law - Montana
12 ANSWERS
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.
Answered on Oct 14th, 2012 at 5:50 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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It is her burden to prove your guilt beyond a reasonable doubt. Character issues, eyewitnesses, bruising, etc. would all be relevant evidence.
Answered on Oct 13th, 2012 at 7:42 AM
3 Awards
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
Answered on Oct 13th, 2012 at 7:42 AM
Michael J. 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.
Answered on Oct 13th, 2012 at 7:41 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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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.
Answered on Oct 13th, 2012 at 7:40 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It's not your burden to prove a negative it's the prosecution's burden to prove that it was rape.
Answered on Oct 13th, 2012 at 7:37 AM
1 Award
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.
Answered on Oct 13th, 2012 at 7:37 AM
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.
Answered on Oct 13th, 2012 at 7:37 AM
Leonard A. Kaanta
Its whoever the jury believes.
Answered on Oct 13th, 2012 at 7:36 AM
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.
Answered on Oct 13th, 2012 at 7:35 AM
4 Awards
You need to hire a good lawyer for something like this rather than trying to learn your defense by emails.
Answered on Oct 13th, 2012 at 6:16 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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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.
Answered on Oct 13th, 2012 at 6:15 AM