Call an Attorney Immediately if You Are Accused with Rape at a California College
Being accused of rape or any sex crime is a serious accusation to face. This can be doubly true if you are a college student because you can face both criminal charges and expulsion from your school. It can be challenging because the definition of rape has been expanded in recent years to include acts that would previously not have qualified as rape.
Keep reading to learn why this charge is so serious, what your options are, and how a sex crimes attorney can help you. Then contact The Mattern Law Firm at 310-342-8254 to request a free legal consultation.
Accusations of Rape Are Taken Seriously
In today’s culture, rape is a loaded word. Many people will immediately decide that a person is guilty for simply being accused of this crime. This can compromise you right to the presumption of innocence – especially on your college campus. The right attorney can work to not only have the charges dropped but to have your name cleared.
The Concept of the Affirmative Consent Standard
One of the major issues that involves many rape cases at California universities is the idea of affirmative consent. This concept was certainly developed with positive intentions in mind but it recent years it has been reshaped in a way that has led to convictions for rape when the situation was nothing more than a misunderstanding.
The law is long and complex, but some of the most prominent parts include the fact that both parties must expressly consent to engage in sexual practices, the consent must be ongoing throughout the sexual encourage, an absence of restraint is not the same thing as consent, and the fact that one or both parties were under the influence of alcohol does not excuse any misunderstanding.
The Complications of the Affirmative Consent Standard
Once again, the idea behind the Affirmative Consent Standard is understandable but unfortunately it can be used too broadly. For example, a person can get positive consent with someone to have sex with them. While they are in the middle of having sex it is technically possible for one party to be in violation of the affirmative consent standard for not getting continuing consent.
It is understandable that if a person begins having sex with another person and the other person tells them to stop midway through, and this request is denied, then a sex crime has taken place. However, in the case that both parties consent and no one withdrew consent, the situation can be very complex.
For this and other reasons, you need an experienced criminal defense attorney if you have been accused of rape. Call The Mattern Law Firm at 310-342-8254 for a free and confidential legal consultation.