Virginia Rape Lawyer
RAPE LAWYER FAIRFAX VA
GET YOUR LEGAL DEFENSE RIGHT
Sex crimes are one of the perpetrations that are commonly brought to the notice of the state courts of Virginia. In particular, rapes are the frequently lodged sex crime in Virginia. A rape lawyer Fairfax VA is cognizant of the consequences of the charge. The Law Offices of SRIS, P.C. has experience in dealing with similar sex crime cases to get you out of the situation without tarnishing your reputation. A proven sexual offender is expected to serve imprisonment for a minimum of 5 years. In extreme cases, the guilty is adjudged with a lifetime sentence. Therefore, a rape lawyer Fairfax VA is your only solution to get out of a conviction.
Laws governing rapes
It is recognized as a severe sexual assault on a person. The culprit threatens, forces, or hurts the victim to involve in illicit sexual activity. The factor of ‘threat’ or ‘coercion’ is a significant element of this type of accusation. Though, consented sex is not a sexual offense and most lawyers choose this defense to get their client out of the case. Thus, a rape lawyer Fairfax VA is entitled to establish the element of ‘coercion’ to thereby validate the offense committed. The factor of ‘threat’ differs from one case to another since it is subjective to the ways with which the abused person perceived the actions of the criminal.
A rape lawyer Fairfax VA uses the following strategies to accuse the considered perpetrator.
- The testimony of the affected person is collected and submitted.
- If the rapist inflicts injuries, the medical summary of the treatment administered to the victim is presented.
- The testimonies of the people, who witnessed the offense in person, are also submitted.
- Forensic reports like DNA tests are presented. The work of a rape lawyer Fairfax VA gets reduced by half when these test results work out in favor of the victim.
- Photographic evidence or video footage of the registered perpetration is also presented.
A rape lawyer Fairfax VA is mainly obligated to claim the element of penetration. A mere test result that establishes the presence of the body fluid deposits of the perpetrator in the intimate organs of the victim is enough to prove the offense.
Additionally, a rape lawyer Fairfax VA is bound to prove that the reported sexual offense was committed against the consent of the victim. There should be reasonable and evidential traces of force or coercion to validate the criminal intentions of the rapist. A lawyer Fairfax VA proves this statute of ‘coercion’ by adopting any one of the following ways.
- A rape lawyer Fairfax VA claims that the transgressor threatened the abused individual using weapons or violence. The threat inflicted should have induced a reasonable fear of physical or sexual harm on the victim.
- A rape lawyer Fairfax VA argues that the defendant intimidated the plaintiff by issuing psychological and physical pressures. In several cases, the criminal would have also imposed threats to the safety and wellbeing of the acquaintances of the abused person.
- A rape lawyer Fairfax VA states that the perpetrator committed the reported offense as a result of taking advantage of the mental immaturity and physical incapability of the victim.
- The rape of a child, who is below the age of 13, is highly offensive. A lawyer Fairfax VA becomes highly cautious while representing an under-aged victim as a result of considering the sensitivities that surround a child rape issue.
A rape lawyer Fairfax VA can never quote marriage as a defense for the reported forced sexual interaction. Individuals can also be accused of raping their married partners if the other partner did not provide consent for the same.
Defenses provided by a rape lawyer Fairfax VA
A rape lawyer Fairfax VA not necessarily handles the cases of the victims alone; they can also represent the accused too. During several circumstances, a rape lawyer Fairfax VA also represents a perpetrator, who has been falsely or inappropriately accused of a sex crime. The following are some of the strategies that are employed by a rape lawyer Fairfax VA to defend a sexual offender.
- Factor of consent
As discussed earlier, the element of ‘consent’ plays a vital role in deciding the fate of the alleged defendant. In these cases, the rape lawyer Fairfax VA claims that the defendant initiated the reported sexual interaction only after obtaining consent from the plaintiff. At the end of the day, it is always the judge, who ultimately decides and concludes on the legitimacies in the confessions rendered by both the defendant and plaintiff.
- Inappropriate allegation
Not all rape allegations are valid and legitimate. In some cases, the accused person is mistaken for the actual culprit and accused of a crime that the former was not a part of. In several circumstances, the plaintiff files a criminal lawsuit against the defendant as a result of regretting or detesting the consequences of the reported consensual sexual interaction. In the latter case, the plaintiff would have initially rendered consent for the sexual activity but eventually regretted the decision later on. The defendant will be facing undeserving allegations in these situations. A sexual abuse conviction brings in temporary or permanent criminal records. A rape lawyer Fairfax VA is proven to be highly valuable in these scenarios. A skilled rape lawyer Fairfax VA aids in removing all unfair accusations.
Other sexual offenses
The mere attempt to rape or sexual abuse on a person is recognized as a felony of class 4. A rape lawyer Fairfax VA is also aware of the lawful criminalization of sodomy as a felony of class 4. An attempt to execute grievous sexual battery is acknowledged as a felony of class 6. A rape lawyer Fairfax VA would lawfully treat and regard an attempt to perform minor sexual battery as a misdemeanor of class 1. If the sexual abuse is committed by illegally breaking into the private property of the victim, the perpetrator is charged with a felony of class 3. If the transgressor uses a deadly weapon to physically injure and rape the victim, the former is accused of a felony of class 2.
A layman will have very little or zero knowledge of these legal attributes. However, a competent rape lawyer Fairfax VA is known to be highly acquainted with the prosecution of all sex crimes. Find the best solution for the problem at the Law Offices of SRIS, P.C.