Ocean City Rape Lawyer
Rape charges are taken very seriously in Ocean City, and therefore should be dealt with as soon as possible. Making sure you have an experienced Ocean City rape lawyer to help you build your case is important as a charge of this magnitude has the potential to impact the rest of an individual’s life if convicted. A sex crimes defense attorney can work hard to build a defense for those accused and ensure their rights are protected throughout the legal process.
Elements of Rape
Under Maryland law, rape is classified as an act of engaging in intercourse with a person without their consent. It is divided into multiple categories. There is the distinction between a first-degree rape and a second-degree rape. A second-degree rape is classified as the act of engaging in intercourse with another person either by force or threat of force without their consent. Or, lack of consent, which somebody who is either too intoxicated or in some other ways incapacitated and unable to give consent. Included in that definition is an individual who is cognitively impaired, someone who is physically helpless by any drug or physical condition – therefore incapable of giving consent.
Another way that a person can be charged with a second-degree rape is through an age-based offense, such as statutory rape, as this refers to an age-based offense. If the victim is under the age of 14 and the person performing the intercourse is at least four years older, that is a crime of rape under the law. There is also an age-based first degree of rape that would involve a defendant who is 18 years of age or older who engages intercourse with a child who is under the age of 13. The difference between a second and first is that someone is talking about a much younger person. Those are the different ways that a person can be charged and/or convicted of rape and what an Ocean City rape lawyer must take into account when building a defense.
Investigations
Rape cases often include a forensic investigation. This particular type is going to be a different than those in other sex crime cases, because in order to be convicted of rape – both second-degree rape and first-degree rape – the state has to prove that intercourse took place and to have the best evidence possible.
The state wants to be able to rely on more than just the statements of the plaintiff in order to prove that it happened. Many times if the police officer gets called in to interview somebody for a complaint of this type, then they will ask the person making the accusation to go to the hospital and present themselves for a medical examination.
Almost every hospital has nurse examiners who are specifically trained to do sexual assault examinations. They will perform an examination and will be looking for two things in particular:
- Evidence that intercourse took place
- Signs that the intercourse in question was not consented to
Any sort of injury that the patient sustained could corroborate their statement that the intercourse was forced and took place against their will. There is also an examination that takes place to see if there is any semen that can be recovered. This is because if they are able to locate such, then they will present that for forensic testing. From there, science and technology can pinpoint a DNA profile which can then be compared to that of the accused. If there is a match, that is most likely evidence that will be introduced at trial against the defendant.
Working with an Attorney
It is important to work with an Ocean City rape lawyer when facing these types of charges. An attorney that handles felony cases, is an attorney who has much more experience in trying the jury trial because it is a completely different situation. When hiring an attorney, it is important to look for an attorney who has experience in defending rape cases because there are a lot of different elements to a rape investigation and you will want someone with that specific experience.
You want an attorney who understands a sexual assault nurse examiner’s investigations and is familiar with what the medical record looks like in an investigation like that. You want an attorney who has seen DNA results before and who understands what they are looking at and hopefully, has a relationship with a doctor or forensic biologist who can review those records and let them know that the testing was done correctly. That is why it is so important to be dealing with an attorney who has done these cases before. A skilled Ocean City rape lawyer is your best chance to a strong defense in your case.