what type of attorney would try an assault and rape case

If you are a victim of unlawful sexual conduct -- including rape, molestation, clergy abuse, and unwanted sexual touching -- you should speak with a sexual abuse lawyer today. Use FindLaw to hire a local sexual abuse lawyer who can help you recover compensation for medical expenses and pain and suffering under a civil claim.

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Who is the defense attorney for the alleged rape victim?

If you are a victim of unlawful sexual conduct -- including rape, molestation, clergy abuse, and unwanted sexual touching -- you should speak with a sexual abuse lawyer today. Use FindLaw to hire a local sexual abuse lawyer who can help you recover compensation for medical expenses and pain and suffering under a civil claim.

Are there defenses to an accusation of rape?

Aug 28, 2018 · If you have been charged with rape or sexual assault in the State of Nebraska it is certainly in your best interest to consult with an experienced Nebraska criminal defense lawyer right away to discuss what defenses might be available to you. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an …

Do you need a lawyer for sexual abuse?

The Blanch Law Firm is comprised of some New Yorks premier Trial Attorneys. Assault trials make people uneasy as the thought of losing their freedom becomes a serious fear. However, The Blanch Law Firm employs a results driven approach to trials, assigning five or more assault trial lawyers to every case.

What is the most common defense to sexual assault?

Almost all rape cases are assigned to a detective who is trained in obtaining evidence in these types of cases. That detective will usually be called as a witness. The victim will almost certainly testify in every case and explain what happened. The statements of the defendant that show guilt will be used against the defendant in a rape case.

What are the rights of a person accused of a felony assault in New York?

Every person accused of committing a felony assault or misdemeanor assault in New York has the right to have the New York State and New York City police departments, as well as the District Attorneys Office in Manhattan, Brooklyn, Bronx, Queens, Staten Island, Suffolk County or Nassau County, prosecute the criminal case pursuant to the laws of New York State. Whenever the New York State or New York City police take a statement from someone accused of a felony assault or misdemeanor assault, take property from an accused or subject the accused to a police arranged identification procedure, motions should be filed to preclude the evidence from being introduced at trial.

What is the first step in an assault case?

After an accusation has been made, either in the heat of the moment or by someone filling out a police report, the first step in an assault case is the arrest. You may or may not have been put into handcuffs, and in fact a New York City or State police officer may not even have told you that you’re under arrest. However, as long as you believe that you cannot voluntary walk away from the police with being placed in handcuffs, you have indeed been placed under arrest .

What power does the grand jury have over a felony assault case?

What power does the Grand Jury have over my assault case? If the grand jury believes that there is sufficient evidence to believe that you committed the felony assault, the grand jury will issue an indictment of the criminal offenses supported by the evidence. However, if the grand jury believes that there is insufficient evidence to support a felony assault charge, the case will be dismissed. Having a member of our assault lawyer team present throughout the process is important, but especially here when we can use our criminal defense attorney experience to possibly keep the case from going to trial at all.

Should I talk to the police about my assault case?

Should I talk to the police regarding my assault case? It’s important to remember that you must first be read your Miranda Rights before the police can legally question you. If you have been arrested on an assault case, do not speak with the police. Anytime you say anything to the police, write anything or sign any sort of statement, it can and will be used against you in your assault trial. Before answering any questions, ask for your criminal defense attorney to be present. At The Blanch Law Firm, our assault lawyer team has seen many people get themselves into trouble by saying far too much because they believed they were obligated to do so.

How Does the Prosecution Go About Proving This Case?

Rape cases can be tough for the prosecution to prove in some respects because it often happens without too many witnesses to the event. Not too many rapes occur in open public in front of a crowd. So it often comes down to one person’s word against another.

Evidence and Witness Testimony in Sex Crimes Cases

The physical evidence typically presented is the medical examination of the victim that was performed as close in time to the alleged rape. The Commonwealth will also use DNA evidence that is unique to the defendant to help prove their case. They will call any and all eyewitnesses.

Why Do District Attorneys Reject Sexual Assault Cases?

There are many reasons a DA might reject a sexual assault case. Here are some common reasons, and high-profile cases that illustrate them:

What To Do When the District Attorney Rejects Your Sexual Assault Case

District Attorneys frequently decline to pursue cases that are perfectly viable in the civil court context. Nevertheless, survivors sometimes report feeling as though office officials “disbelieved” their stories or even blamed them for what happened.

What Do You Need To Win a Civil Sexual Assault Lawsuit?

Criminal proceedings are aimed at putting the abuser behind bars, while civil proceedings punish wrongdoing through financial channels. Here is what you need to have a civil case:

The Provability Gap: Why It's Hard For Prosecutors To Prove Rape Cases Beyond A Reasonable Doubt

Travis County District Attorney Margaret Moore says the penal code's definition of rape makes it hard to prove cases beyond a reasonable doubt.

Law Adequately Addresses Crime Of Sexual Assault

The SARRT survey asked 75 respondents – including survivors, advocates, law enforcement and attorneys – if the current law adequately addresses the crime of sexual assault.