On this page mentioned: Allegations of marital rape. False child sexual abuse allegations. Domestic violence and child sexual abuse. False allegations and allegations of marital rape, false accusations. Phil Donahue, Geraldo Rivera, Oprah Winfrey. Little Rascals. American Bar Association.
FALSE ALLEGATIONS OF RAPE (the Defense)
It is politically incorrect in 2010 to suggest that any allegations of rape are false, and it is almost suicidal to state that a significant number are fabricated allegations, yet the fact remains that there is a growing body of cases where DNA evidence and other forms of evidence are clearly showing that this is the case. If you dare suggest that there is any significant number of incorrect allegations of rape (women NEVER lie) you can expect to be attacked and even have to deal with many forms of threats.
A number of problems arise in defending (predominantly men) from rape allegations. The first is finding the legal team willing and able to properly defend the accused. Many criminal defense lawyers claim to handle rape cases. Some do fairly well at it, but almost none do it well enough. The accused leaves the courtroom under a cloud of suspicion and not a few face violence from within the community because they failed to "prove themselves innocent." You'll read that again here later.
The A-Team takes a very aggressive approach to rape cases. Not aggressive in the sense of destroying the woman making the false allegation – but aggressive in disproving the allegations, destroying them if you will, so that our clients may walk from the courthouse with their heads high. Most defense lawyers focus on destroying the woman and not the allegations. That’s why accused men so often face problems after the case is over even if they are acquitted. The tactic of trashing the woman may have worked 40 years ago, but today it is likely to backfire on the accused.
Juries react to such cases emotionally rather than logically, which explains why the conviction rate in rape cases (According to the National District Attorneys Association) is somewhere in the 90th percentile. (It varies from year to year.)
So why do otherwise excellent criminal defense lawyers lose so many rape cases? They do for the same reasons they lose child sexual abuse cases. They are just not up on the latest science and quite frankly they just don’t give a damn about their clients. They are (after all) the lowest scum on the face of the Earth, so a defense, where little is really done, is half hearted at best. Finding a team that will believe in the accused, and do the WORK necessary to win the case, is not easy to find.
Without giving all our secrets away on a website – it starts with the case analysis and developing the legal theory of the defense. Often this means investigating key circumstances, talking to potential witnesses. If you think the client is guilty anyway, why bother wasting time talking to people? Why bother investigating the alleged crime scene? Why look for evidence that will prove the state’s case theory wrong when you agree with the state? It means starting with the knowledge that the burden of proof is on the defense.
Like all cases we work on, we’re the high price spread. Why? Not because we charge so much for our expertise, but because we WORK so hard on the case. It’s cheap to have the lawyer sit on his ass in his office and not do anything. It’s cheap to have a trial consultant only do jury selection instead of helping build a case. It’s cheap not using any experts to bolster your case. There are many promises of doing things cheaper. Sometimes those bargain basement prices are accompanied by grandiose promises of a great win ratio. Remember the maxim - if it sounds too good to be true – it is!
Here are a few FACTS to chew on:
Currently, the two main identifiable adversaries involved in the false rape allegations controversy are the feminists and the police. The feminists are by far the most expressive and prominent on this issue. Some feminists take the position that the declaration of rape as false or unfounded largely means that the police do not believe the complainant; that is, the rape charges are real reflections of criminal assault, but the agents of the criminal justice system do not believe them (Brownmiller, 1975; Russell, 1984). Some feminists virtually deny the existence of false rape accusations and believe the concept itself constitutes discriminatory harassment toward women (see Grano, 1990). On the other hand, police are prone to say the reason for not believing some rape complainants resides in the fact that the rapes never occurred (Payton, 1967; Wilson, 1978; Jay, 1991). Medical Examiners lend support to this police position by emphasizing the ever-present possibility.
Don’t expect the police to be on your side. Their disbelief is rare.
In short, these cases are declared false only because the complainant admitted they are false. Furthermore, only one person is then empowered to enter into the records a formal declaration that the charge is false, the officer in charge of records. Last, it should be noted that this department does not confuse reported rape attempts with completed rapes. Thus, the rape complainants referred to in this paper are for completed forcible rapes only. The foregoing leaves us with a certain confidence that cases declared false by this police agency are indeed a reasonable- if not a minimal reflection of false rape allegations made to this agency, especially when one considers that a finding of false allegation is totally dependent upon the recantation of the rape charge.
What does this mean to you? It means you need the A-Team if you are facing allegations not a cheap copy-cat substitute.. Does this mean we are saying nobody else can defend you? Not at all, it only means your best odds are with the A-Team. We bring the best TEAM to the table, we bring the best strategies to the table, and we bring the best science to the table. We almost always are very expensive. Why? Simply because we work harder and faster for the wrongly accused! It also means we bring the most competent and experienced team to the table you can find in America. It means over 35 years of experience with rape cases including marital rape, and some of the novel new types of rape feminists keep inventing. When you face rape allegations, other than with the A-Team when choosing a defense you are playing Russian roulette with your life. We don't win every case, just a hell of a lot more than anyone else who boasts of being expert on this type of case. Don't gamble, get the A-Team.
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