Ocean City Date Rape Lawyer
The term date rape typically refers to someone who is somehow acquainted with the other person. This is not a question of a defendant attacking a complete stranger. Rather, the parties involved in these types of cases tend to be people who are at least acquaintances. Because of this and other nuances that come in Ocean City sex crimes cases, it is important that someone facing charges contact an Ocean City sex crimes lawyer immediately.
Elements of the Charge
Under Maryland statutes, the crime of date rape can be committed in a couple of different ways. The accuser could have been forced or could have been threatened with force in order to engage in intercourse. The alternative way that this can be proven is the scenario where the accuser was either impaired or incapacitated and was unable to give consent.
The bulk of rape cases are cases where the accuser and the defendant know each other and there was intercourse. The former may have said that someone forced them and they did not consent. When one hears about a rape case in Ocean City, more than likely, it is a case dealing with two people who have met previously.
It is more often a date rape scenario as opposed to a stranger attacking a stranger. It is important to understand that penalties can still be the same for either.
Challenges When Gathering Evidence
There are a couple of different reasons why it may be difficult for the prosecution to gather actual evidence or proof of this crime. The first one being that there are rarely going to be witnesses present because this usually takes place in a location where the parties are alone.
Actually having a witness who saw or heard anything is rare. In situations like this, often times the accuser will delay the report. In general, rape tends to be under-reported but if it is reported, a lot of times it will be delayed and it may take days or weeks before they notify the authorities about the allegations.
The challenge then for the prosecution is that if there was any physical evidence, if there was any forensic evidence, it is likely gone. Therefore, none of that is going to apply and immediately the credibility of the accuser is taken into consideration.
The other issue regarding these cases is that people sitting in the jury expect the case to be simple with physical evidence to prove that this was done by force. The reality is, in a date rape case, there may not be any physical evidence to prove that someone was raped.
How an Ocean City Date Rape Attorney Can Help
Ocean City date rape cases can be very difficult to prove. The defendant may have an excellent defense or maybe they are able to suggest that the state cannot meet the necessary burden of proof.
However, if the defendant is convicted, the penalties are some of the harshest assigned aside from murder. That is why it is so important to have an experienced Ocean City date rape attorney by your side. They will make sure that both sides of the story are heard, that all the facts and circumstances of the case are considered, and that anyone facing these charges has a fair chance to make their case in full.
In order to maximize one’s chances of success, it is essential to hire a date rape attorney in Ocean City as soon as possible. If someone wants to speak to the police, having the attorney there to assist with that is important, as they can stop the conversation if it starts to get out of control, and will protect and defend the rights of the accused throughout the process.
The attorney can advise a client as to the best course of action each step of the way, and ensure that all possible evidence is gathered as soon as possible. They will be applying the benefit of years of knowledge and experience to their client’s case, working to achieve the best outcome available.