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My ex is threatening to charge me with rape!  Help!

February 24, 2017

 

 

Rape is a horrible crime and has many elements that need to be proven to be convicted of this crime.  They are as follows:

  1. You engaged in sex with a woman

  2. The woman was not your wife at the time

  3. She did not consent

  4. If she initially consented, did she remove her consent during intercourse?

  5. A reasonable person would have understood that her words or acts removed her consent during intercourse (she pushed you off, or said stop) AND

  6. The defendant forcibly continued the intercourse anyway

  7. NOTE: if you accomplished sex by force, violence, duress, menace, threat of retribution, or fear of immediate or unlawful bodily injury to the woman or someone else, or fraud you can be charged with rape.  For example, you say to your employee you better have sex with me or you are fired.  This can be charged as a rape. 

 

The crime of rape is deemed to be a “he said/she said” crime.  In the absence of physical proof and/or witnesses, this is a hard crime to prosecute.  Unfortunately, this is common, especially between acquaintances or former lovers.  If you are being threatened with a rape charge, you need to contact counsel immediately to understand your rights.  This is a very serious crime with very serious consequences.  Please contact us for a free phone consultation!

 

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