Rape allegations are serious business and unfortunately, many allegations of sexual misconduct are not brought in good faith. A person accused of rape or other kinds of sexual misconduct should be ready for a long fight. What are the most common defenses in rape cases?
Total Denial is one commonly used defense. In this case the defense argument is that the crime never happened. It could be that the defendant didn’t even know the victim or hasn’t been anywhere near her when the crime happened or the defendant will argue that he simply did not commit the crime.
How can the defense support the argument that the crime never happened if the defendant and the victim knew each other and were together at the time the rape allegedly took place? One way is to examine any evidence tends to show the prosecution witness’ reasons or motives for lying. In many cases the complaining witnesses were found to be lying to retaliate against the defendant or for some other reason.
In child abuse cases it may happen that the police or children services agents are biased and use certain techniques during interviewing the children victims, which effect their testimonies, for example by creating false memories.
Total denial is one of the most effective rape defenses one could have. If you are accused of a sex crime in New York, contact our expert defense attorneys today at 212-577-6677 to set up your consultation.