I'm Being Charged with Rape: What Should I Do?

Rape charges can fall into one of several categories. No matter what type of rape you are charged with, the charge should be dealt with in a serious manner. Your future, rights and freedoms may be impaired if you are convicted of rape.

Steps to Take When Facing Rape Charges

Rape is defined as having non-consensual sex with another person. There are several types of rape charges, including:

• Statutory rape - which involves having sexual relations with a minor (someone who has not reached the age of consent);
• Marital rape - which involves a spouse forcing the other spouse to have sexual relations without consent;
• Date rape - which involves parties who have a relationship or previous knowledge of each other.

Each of these charges carry serious consequences, including the possibility of incarceration, fines and court mandated counseling or sex offender registration. These penalties can impact your ability to gain certain types of jobs and may haunt you throughout your life. It is important to handle these charges with care.

After you have contact an attorney to assist you with your case, you can take the following steps to help your case:

• Establish whether a relationship existed and obtain evidence of a relationship if it existed prior to the rape charges being filed;
• Establish whether there is a motive for the alleged victim to lie about the charges (jealousy or anger about the defendant's relationship with another woman for example);
• Establish whether an alibi is available to help defend against the rape allegation; and
• Gather all evidence that you can think of to help prove that you are innocent or establish your good character.

Your attorney can help you determine whether any other steps should be taken to facilitate the best defense given the facts of your case. You should disclose as much information as possible to your attorney to help her best assist you.

Getting Legal Help

If you have been charged with rape, you need an attorney to help you deal with your case. A rape case can be complicated because of the difficulty of obtaining evidence and proving innocence. An attorney will advocate for you in court and help you prepare for trial in case your case does not settle in advance. It is vital that you discuss your case with an attorney at the outset to help preserve evidence and improve your chances at wining in trial.