Maryland Date Rape Defense Attorney

Being charged with a crime is a serious concern no matter what. But if you’ve been accused with a sexual offense, such as “date rape,” then the stakes are even higher.

It’s imperative you fully understand the charges you face and know what it takes to construct an aggressive defense. This means hiring an experienced date rape defense attorney, one who has dealt with these sensitive cases in the past and will be able to provide you with a full-throttle defense.

At Jezic and Moyse, we have helped countless clients fight these charges and achieved many complete victories. So, if you’re facing accusations related to date rape, read on to learn more about the details of your case, and then get in touch with our offices today so that we can start crafting a defense that will keep you out of trouble.

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What is “Date Rape?”

Officially, there is no such thing as a “date rape” charge. Sometimes called “acquaintance rape,” date rape is a type of rape that occurs when the two parties have some sort of previous relationship.

The name came from the unfortunate cases of women being raped while on dates with men they knew, but it can also occur when two people who know each other are at the same social event, such as a party.

WHAT IS “DATE RAPE?”

Officially, there is no such thing as a “date rape” charge. Sometimes called “acquaintance rape,” date rape is a type of rape that occurs when the two parties have some sort of previous relationship.

The name came from the unfortunate cases of women being raped while on dates with men they knew, but it can also occur when two people who know each other are at the same social event, such as a party.

 

The Legal Definitions of Rape

Because there is no specific legal classification for date rape, your case will be charged based on the different definitions of rape according to Maryland laws and statutes. These include:

First Degree Rape

This is defined as vaginal intercourse or a sexual act in which one party does not provide consent and is subjected to force or threat of force. In addition, for it to qualify as first degree rape, one of the following conditions must also be met:

  • The aggressor used a dangerous weapon, or what the victim believed to be a dangerous weapon.
  • The victim or someone else experienced serious physical injury during the crime.
  • There were threats to kidnap or inflict serious injury to the victim.
  • The aggressor relied on the aid of another to commit the crime
  • The crime was committed during a burglary

First degree rape is a felony, and if found guilty, you can face a sentence of up to life in prison.

Second Degree Rape

Few date rape cases are charged as first degree rape since they frequently don’t meet one of the conditions listed above.

However, date rape cases do often fall under the category of second degree rape, which is defined as non-consensual vaginal intercourse or a sexual act by force or threat of a force. It also includes cases where non-consensual intercourse took place with one party who was physically or mentally incapable of providing consent.

Many date rape cases where the parties involved were intoxicated fall into this category. If someone appears to give consent, but is not in a mental or cognitive state to actually give that consent, then the intercourse may be considered non-consensual and rape charges may ensue.

The maximum sentence for this charge is 20 years in prison.

What Should You Do If You’ve Been Charged with Date Rape

If you’ve been accused of date rape, no matter which classification of charges, the very first thing you must do is contact an experienced date rape defense attorney, such as those working for Jezic & Moyse.

These charges are very serious, and the consequences can be even worse. Make sure you act quickly and hire someone who can defend you.

Why You Need to Hire a Maryland Date Rape Lawyer

Whenever you’re facing legal charges of any kind, you should hire a lawyer. However, it’s especially important that you hire a date rape defense attorney as soon as you discover you’ve been accused.

There are several reasons why you should do this, but here are some of the most important:

Prevent Self-Incrimination

When you’re first charged, law enforcement officials might try to question you without the presence of a lawyer. DO NOT DO THIS. What you say during these interviews can be used against you. And if you’re not careful, you might just say the wrong thing and incriminate yourself, even if you’re entirely innocent.   Plus, there is no penalty at trial for refusing to speak to the police – the jury will never hear of your choice to exercise your constitutional right to remain silent.

If you did speak to the police, you need to hire the Maryland expert on confession law, lead partner Andrew Jezic, who is a co-author of the 1700-page legal treatise, Maryland Law of Confessions. Mr. Jezic’s confession book is published by the leading publishing company in the country and is used by judges and prosecutors all around Maryland to help with confession issues. Mr. Jezic frequently lectures on confession law to judges and lawyers and is often hired as an expert on criminal law and procedure issues by other criminal defense lawyers.

Rape cases are a bit different in that less is needed to carry through to prosecution than with other criminal charges. Therefore, it’s especially important that you take care of what you say and to whom, and the best way to do this is to bring in expert legal counsel from the moment you realize you’ve been accused of a crime.

Reputation Risks

Another reason why you want to get on top of your defense right away is because of the sensitive nature of these cases. Even if acquitted, having your name dragged around in association with such a crime is never good.

When you work with a great date rape defense attorney, they will not only help you craft a strong defense, they will also take the extra step to try to clear your name once you’ve been released by the courts.

Corroborating Evidence

Date rape cases are often very difficult to prove because the people involved have some sort of prior relationship. Depending on the nature of that relationship, it can be difficult to discern what actually happened. People may have different motivations, such as revenge or jealousy, and there is bound to be lots of “he said, she said.”

Therefore, to craft a winning defense, critical that your lawyer take the time to talk to everyone who may have been involved to try and best understand what happened and also expose the prosecution's lack of corroborating evidence.

Doing all of these interviews, asking the right questions, and then drawing the right conclusions takes skill and practice, which is why it’s so important to start working with a great date rape defense attorney from the moment the charges are announced.

Stay Out of Trouble and Hire a Qualified Date Rape Lawyer Today

If you’ve been charged with date rape in any form, do not hesitate for one more second. Your reputation and your future may be on the line.

Get in touch with us today and find out how we can get you out of trouble and get your life back on track.

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