Date rape is one of the more common types of sexual assault. In many cases, assault happens among acquaintances, which can make the case difficult to prosecute and defend. In recent times, date rape drug charges have become a public spectacle after the indictment of several high-profile individuals on related accounts.
However, while the crime is common, defending it can be complicated for several reasons, as highlighted below.
Beyond Reasonable Doubt
Like many other cases in West Harwich, MA and the larger United States, the evidence in date rape drug cases must be beyond reasonable doubt. While this might be good news for a defense attorney, it usually isn’t.
In most date rape cases, only the victim and the defendant are witnesses to the crime. The victim already has an advantage with the jury because of the emotional state. Paired with a skilled prosecutor, defending the charges becomes an uphill battle.
Typically, jurors believe rape victims should act a specific way. If the victim in the case fits that profile, it can be challenging to prove the innocence of the defendant because the jurors are already swayed emotionally.
The CSI/SVU Effect
In date rape cases, medical evidence or lack thereof can work against the defendant. The first cause of action when women report any type of rape to law enforcement is to have the victim submit to medical rape examination.
These reports can provide damning evidence against the defendant, especially when semen samples are available and have been collected and thoroughly tested. Detailed medical reports indicating penetration can also be used by the prosecution to prove beyond reasonable doubt that penetration actually took place.
While it is undeniable that the intercourse took place, and these reports prove it, they do not prove that the intercourse was not consensual. However, they affect the jury because they confirm that the person on trial is the correct one.
This perspective can be a difficult one for the most experienced date rape defense lawyer to get out of the heads of the jurors.
If there’s no such medical evidence, it can be the victim’s word against the defender’s. If the victim is emotional and fits the profile of the jurors, their word could be injurious to the defense.
Matthew P. Kelley, Attorney at Law, is a seasoned date rape drug defense attorney that has worked on many similar cases with plenty of trial experience. Before becoming an acclaimed defense attorney, Matthew Kelley was an assistant DA for 20 years, which gives him unique insight into sexual assault cases from the eyes of the prosecution, giving his clients an added advantage in crafting the appropriate defense against the charges.
Call (508) 952-6565 for a free consultation and representation If you have been charged with date rape drug charges in West Harwich, MA.
Jurors’ Skepticism
Sexual assault charges carry a certain level of shame and disgust in society, especially when the victim is a woman and jurors are part of that society.
While jurors are vital to the justice system, it is still a flawed system because each juror has their personal bias and skepticism. Although the jurors are required to be objective and determine cases solely on the evidence provided to them, they come into the courtroom with their histories and scars in life, and some of them could even have family members or friends that have been victims of rape.
As such, the jurors come into court with strong ideas on sexual assault crimes, which can muddy even the most factual evidence due to the bias they have developed from their own experiences.
Unreliable Defendant Testimony
One of the ways a date rape drug defense lawyer can counter the testimony of the victim is by calling the defendant to the stand to provide their account of events. However, this doesn’t always work out.
While jurors and many members of society, including judges and prosecutors, already have a profile of how the victim should behave, there is no existing profile of how the defendant should behave.
Details such as body language, response to questions, and even appearance will far outweigh anything the defendant says on the stand. The situation can get even more complex when the defendant has a position of authority over the victim, displays opulence, or is a famous person.
Not being able to hear both sides of the account objectively without considering external factors can make it difficult to defend date rape drug charges.
Why You Should Hire A Reputable Date Rape Law Firm
Despite the challenges in defending this type of charge, it’s not impossible and has been done before. However, it requires working with an experienced date rape defense lawyer that has vast experience in the field and understands the different methods prosecutors use in such cases and can effectively counter them.
Matthew P. Kelley, Attorney at Law, is a seasoned date rape drug defense attorney that has worked on many similar cases with plenty of trial experience. Before becoming an acclaimed defense attorney, Matthew Kelley was an assistant DA for 20 years, which gives him unique insight into sexual assault cases from the eyes of the prosecution, giving his clients an added advantage in crafting the appropriate defense against the charges.
Call (508) 952-6565 for a free consultation and representation If you have been charged with date rape drug charges in West Harwich, MA.
