Defenses for Sexual Assault – Tempe Defense Lawyer

Hi, I’m David Cantor with the Law Offices of David Michael Cantor and today and focus on the crime of Sexual Assault or Rape on this particular crime in arizona’s
defined as intentionally or knowingly engaging in sexual intercourse, intercourse
or oral sexual conduct without consent of the other person now we see this charged allot and overcharged a lot the problem with it is the punishment on a first offense it’s five and a quarter years in prison
minimum up to fourteen years maximum add three more years if there’s an
allegation that the alleged victim was drugged now normally you think that means
roofie or date-rape drug to believe it or not we seen prosecutors claim that
alcohol qualifies the sentnce goes out to twenty five to
life in prison if a person intentionally or knowingly
inflicts series physical injury during the sexual assault that’s
normally what you see in the movies in the bad stuff well we normally see is more of the
standard uh… college scenario or what some people call me alleged
date rape scenario the other problem with this if you’re
convicted of any of these levels you have to register as a sex
offender for the rest your life so hypothetically even if you’re able to
get no jail whatsoever new pledges
some type of attempted sex assault yourself a sex offender
registration which could effectively and security clearances job opportunities
uh… living in dorm rooms and things of that nature now the defense is the number one
defense to sexual assault is consent she consented this was not forcible we normally see what happens in the
college situation i got a girl they’ve been drinking at
night they go home they hook up they have sex in the next morning she walks
on she does what’s known as the walk of shame which she gets back to where ever
she lives maybe it’s a dorm room or sorority house she gets taunted by her
friends and she’s a slut she says oh no no no i just went over
there and drank and just went to sleep nothing happens next thing she knows the
guy is opening his mouth and bragging and then she gets offended and says i was sexually assaulted the other thing we see is when the
boyfriend finds out that she was somewhere and she says well i was really drunk
nothing happened then he hears wait a second something did happen and again
she says well i must have passed out he must have taken advantage of me now the defense is will be looking at this person social
media count i can tell you how many times on somebody’s face book page in sterling m vines tweets you name it find all sorts of evidence that this
person is a party or and that their in control of what
they’re doing they’re not pass out drops uh… we go to the bar that maybe two
people that we get the poor video the surveillance videos so we can see how
much that she had to drag where they’d dancing was she acted did she walked out
on her own power aren’t we will give our own client a polygraph the
lie detector test and asking the questions and and if you pass is a lie detector test
which many people do come to us and say look she was not passed out this is
rediculous that’s a very powerful piece of evidence for the prosecutor and
the officer as indeed miss moore the court of law no
but it goes a long way with convincing the prosecutor to drop charges we also
will interview any witnesses that were after party at the bar at the uh… apartment of the roommates lastly we will do forensic testing why forensic testing well obviously there’s blood involved it that but seems to indicate that there was some
forcible sex or any tears in the vaginal area and anybody who makes a claim of sexual
assault will be analyzed by a nurse uh… the nurse examiner who specially
trained on how to uh… do proper examinations and so we
will question DNA testing uh… who knows we maybe have executing the warrant with
a look and everything now for you or a friend of been accused
of sexual assault calls go to our website then contact us set a free initial
consultation come on it doesn’t cost anything but will meet with you and we’ll go over
your case from top to bottom

1 thought on “Defenses for Sexual Assault – Tempe Defense Lawyer

  1. Why would the defense do forensic testing when Brady V. Maryland makes it incumbent on the state to do such testing where ever possible, and it would seem that the lack of forensic testing where the possibility reasonably exists also opens up something along the lines of Franks V. Delaware, which says the police must use "Reasonable caution" in their investigation, and must report relevant facts in a probable cause affidavit that tend to go against their conclusion. (i.e. it is illegal the police and other government actors to conceal potential exculpatory evidence, especially when that evidence is more likely to strengthen their case if what the victim says is true.) One would think that testing for DNA in a crime where it is likely present would be "reasonable caution" with these types of circumstances, as to weed out those whom lie and make false complaints. Even the use of a condom leaves a chemical signature that proves the most significant corpus delicti element- that an act actually took place, in the first place. It would seem that if the government can't prove the sexual act element, then the consent element is rather moot, in view that confessions aren't admissible absent establishing corpus delicti elements. (i.e. that a crime was actually committed in the first place.) I'd also think that over charging would leave the government particularly vulnerable to summary judgment in favor of the defense.

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