Fairfax Rape Attorney

A Fairfax rape lawyer can provide legal representation if you have been accused of forcing someone to engage in sexual intercourse.  Prosecutors are aggressive at taking legal action when accusations of rape are made, even though there are situations where accusations are motivated by morning-after regret or by malice during a divorce or separation.  You have the right to defend yourself whenever you are accused of rape, and an attorney in Fairfax who handles rape cases can help you to take an informed approach to responding to serious criminal charges.

How a Fairfax Rape Lawyer Can Help You

You are innocent until the prosecutor has proved beyond a reasonable doubt that you committed rape.  Your Fairfax rape lawyer will help you to argue for bail pending trial so you do not need to remain locked up for the weeks or months until your case comes before the court.

You may be able to reduce the charges you face or avoid the most serious penalties of rape, through the negotiation of a plea agreement. A Fairfax rape lawyer will speak to the prosecutor on your behalf to determine what types of plea deals may be available and to help negotiate the most advantageous deal possible under the circumstances.

You also have the option to plead not guilty and should avoid conviction if you can introduce questions about whether the prosecutor has met the burden of proof.  A variety of different defenses to rape can be raised including:

  • Actual innocence
  • Mistaken identity
  • False accusations
  • Consent
  • Insufficient proof

Your Fairfax rape lawyer can help you to question witnesses, undermine false accusations, raise questions about evidence presented, and otherwise assist you in trying to avoid a guilty verdict.  To learn more, contact a rape lawyer in Fairfax for help today.

Rape Laws in Fairfax

The crime of rape in Fairfax is defined in Virginia Code Section 18.2-61. In order for you to be found guilty of rape, a prosecutor must prove that:

  • You had sexual intercourse with someone or caused someone to have sexual intercourse
  • Against that person’s will
  • Using threat, force, or intimidation

You may also be charged with rape if you had sexual intercourse with a child who was under the age of 13 or if the alleged victim was mentally or physically incapacitated.

Virginia law makes very clear that you can be charged with the crime of rape even if the alleged victim is your spouse. Under Code Section 18.2-67.5, you can also be charged with attempted rape if you try to force sexual intercourse, even when no sex acts takes place.

Penalties for Rape in Virginia

Penalties for a conviction of rape vary depending upon the actions you are accused of taking, as well as the age of the alleged victim.  In a standard rape case, you could be incarcerated for anywhere from five years to life.  However, if the alleged victim was under 13 and you were over 18 or more than three years older, you could face a minimum of 25 years imprisonment up to life in prison.

When you are released from prison, you will have three days to register as a sex offender. You must comply with all registration requirements, including providing updates whenever you move to a new location.  Registration and a history of a rape conviction can have a profound impact on your future relationships and work opportunities.

Call A Defense Attorney in Fairfax

The defense lawyers at our firm understand just how sensitive the charges you’re facing can be.  They involve the most intimate details of your life, which can be anxiety-invoking.  However, by invoking your right to counsel and working with a Fairfax rape lawyer, you can work to generate an effective defense strategy to minimize the impact of these sex crime charges on your life.  Call today to set up your free initial consultation.

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