Rape is among the most heinous cases that would land an accused in jail for his entire life. Although it is a criminal offense that’s prevalent, there are times when the accused is innocent. The balance of justice relies on all the pieces of evidence as well as facts. For the victim, a good prosecution lawyer would be a great factor in the case. For the accused, who may or might not be guilty, needs a sex crimes lawyer to make sure that he will have a far better chance of getting the fees dropped or have a lenient conviction if proven guilty.
Rape is a crime that has heavy implications and harshest penalties. If the accused person is guilty and is convicted, the victim rightfully earned their justice. However, in some cases where the defendant is wrongfully accused, there is a true need for a reliable sex crimes lawyer to take charge and make sure that the client won’t suffer for a criminal offense he didn’t commit.
Definition of Rape
In the US Department of Justice defines rape as penetration of the anus or vagina, using any object, body part, or oral penetration with a reproductive organ regardless of how slight it is, as long as it is without the consent of the victim. The terminology and definition might vary in every jurisdiction within the US. The Federal Bureau of Investigation has removed a requirement for rape crime where it must have the element of force.
In 2013, a study acknowledged that rape cases could be under-reported within the United States. In 2014, there is a study that suggests that some of the police departments might undercount or remove rape cases on some official records as a part of creating an illusion about the success of fighting violent crimes. The year 2013 has an annual prevalence rate regarding all sexual assaults around 0.1 percent. The speed doesn’t represent the number of assaults since the amount of the same victim might report more than once during the reporting period.
Each of the 50 states and the federal jurisdiction within the US has its criminal code. Rape is among the crimes that each jurisdiction will persecute. The terminologies may vary like sexual battery, sexual misconduct, or sexual abuse. Some states recognize penetrative sex without force but the victim has not consented as a sort of crime. Other states don’t recognize the prior instance as a criminal offense. Consistent with their laws, the perpetrator used some sort of coercion, force, or threats against the victim so as for the non-consensual penetration to occur.
Jurisdiction Where The Crime Occurred
The principle called dual sovereignty in America applies to rape cases and other crimes. If the rape crime occurred within a state’s borders, the state will have jurisdiction over that case. If the rape victim is a consul, foreign official, ambassador, or Federal who is under US protection, the federal government will have jurisdiction over the case. If the crime happened in an area crossing state borders or federal property, the federal government has jurisdiction over the case.
Investigation of the Crime
The assigned medical personnel will collect the evidence which is called rape kits. The injury of the victim is a part of the investigation. The victim’s fossa naviculars, posterior fourchette, labia majora, and thighs are examined. The next step is for the choosing of jury members where the need to remember and intimate the stigmas that surround rape victims. The jury members mustn’t be clouded with any pre-conceived ideas regarding what a typical rape perpetrator and rape victim look like.
Rape is a serious crime that should not be taken lightheartedly. It’s a prevalent crime where many victims suffer for a long time with physical, emotional, and mental trauma. Justice is required but it is to be served by looking at the evidence and facts present. However, defendants who face rape charges but believe they’re wrongfully accused must work with an experienced defense lawyer. Getting convicted of a sexual abuse crime is going to be a hard record to get rid of which may affect the person’s future opportunities in life. The sex crimes lawyer will determine ways, witnesses, and pieces of evidence that will prove the innocence of his or her client.