Facing Rape Or Sexual Assault Charges After An Affair

The Importance Of Hiring An Arizona Sex Crime Defense Attorney When Facing Rape Accusations

A charge of rape is a serious felony charge. Typically, it will involve an accusation that the defendant forced another person to engage in sexual intercourse or other sexual activity including even the slightest form of penetration without consent. In many states, this criminal act is referred to as rape, but may also be called sexual assault, sexual battery, or criminal sexual penetration. All charges of sexual offense should be taken seriously and addressed immediately with a Phoenix sexual assault defense attorney.

One difficult situation that some people find themselves facing is a charge of rape or sexual assault after an affair, in which a spouse is motivated to file charges once they find out about the situation. This can happen immediately or many months after the affair has ended, and can also happen after a one night stand. Here are some tips on what to do if you are accused of rape or sexual assault.

What You Should Do If You Have Been Charged With Rape

If you have been served and charged with rape or other sexual crime, the very first thing you should do is retain an Arizona criminal defense attorney. By hiring an experienced lawyer, you get expert legal guidance on your side so you get the best possible outcome.

Under the advice of your lawyer, you should also do the following:

Gather and preserve all physical evidence relating to the alleged victim and the incident(s), such as clothing, photos, videos, and any other objects involved.
Collect and save any documents or records that might be related to the case. This may include letters, emails, receipts, phone records, GPS records, social media posts, etc. This is especially important if you believe you were not with the alleged victim or were not at the location of the incident at the time your accusers say the incident took place. In the case of an accusation of rape after an affair, these materials provide context to the relationship and circumstances that
occurred.
Make a list of possible witnesses to the case. This should include any person you think may have information about the incident, the accusations, or the alleged victim and your relationship. Include contact information so your attorney can easily get in contact with the people on your list.

You will need to be prepared to share all of these records, information, and material with your attorney.

What You Should Not Do If You Have Been Charged With Rape

Preserving evidence and compiling relevant information to your case is just as important as knowing what you should not do. If you are facing charges of sexual assault, consult with your Mesa sex crimes attorney and do not do any of the following:

Do not attempt to talk with the alleged victim about the charges or have any other contact with the alleged victim.
Do not talk with law enforcement officers, detectives, or any other investigators without your attorney present.
Do not ask for or agree to any testing that is not mandatory. This includes DNA testing prior to an arrest. Sometimes DNA testing after an arrest is necessary. Consult your attorney for their guidance.
Do not give any potential evidence to law enforcement without consulting your attorney first. This is an important point to follow even if you believe your evidence will show you are not guilty of the alleged sexual assault or your information will provide more context to the case. Your future may depend on your decision to wait for your attorney to be present.

How Legal Representation Can Help

Because of the many possible consequences, anyone who is facing a charge of rape should be represented by an experienced Gilbert sexual assault defense attorney. Your attorney will be valuable to you in many ways, including advising you and being
present during conversations with law enforcement officers, since both the prosecution and the defense will continue the investigation after a person has been charged.

Your defense attorney will investigate all facets of the case and any related issues that need to be explored so that they build a strong defense and represent you. This investigation includes whether the alleged victim is lying about the situation.

An experienced and knowledgeable criminal defense attorney will also:

Advise you of all your legal rights as a defendant.
Advise you about what information to give to the police and the prosecutor, whether and when to submit to DNA testing if it is not mandatory, and when to agree to any other requests from law enforcement.
Give you information about sex offender registration if it applies to your case.
Be on your side and represent you in criminal proceedings. If necessary, they will help you decide whether to accept a plea offer or go to trial. If you go to court, your attorney will build a defense and represent you.

Consult With a Top Criminal Defense Lawyer In Mesa

If you are facing charges of rape after an affair or one night stand, contact VS Criminal Defense Attorneys. Our small firm gets big results and works with you directly to produce a personalized defense to give you the best possible outcome. Have the best criminal defense attorney team on your side! For a free confidential, no obligation case evaluation, contact us today at (480) 923-9001.