As defined by Alabama law, rape is sexual intercourse with someone of the opposite sex by forcible compulsion. This means without the consent of the other party, and involving actual intercourse or actual penetration. Rape can also include coercion, whether it be actual or whether it be implied force by way of a weapon or something of that nature to secure the acquiescence of the victim to the sexual act.
If you are facing charges for rape or sexual abuse in Alabama, a distinguished sex crimes lawyer can help you create an appropriate defense for your future. Based on the facts of your case, an Alabama rape lawyer can clarify how local laws may apply to your case.Aggravating Factors of Rape Charges
There are a lot of different things that could qualify as aggravating factors of a rape charge, such as injuring to the point of sustaining a permanent injury or disfigurement. Rapes that are committed in front of children are deemed to be the more serious variety. Alabama rape penalties for aggravating factors can include mandatory jail sentences with no probation and no parole, followed by long-term supervised release probation-type reporting with registration requirements.Different Ways Someone Can Be Charged With Rape
There are different degrees of rape in our state. Rape in the second degree may involve consent, but the person is unable to legally consent because of age or because they are mentally or physically incapacitated or physically helpless. This is called an age qualifiers, and one of the other qualifiers is that rape is often classified into what is commonly referred to as date rape, acquaintance rape, and stranger rape. An Alabama rape lawyer can help answer any questions you may have regarding sexual assault or rape allegations, including questions about the Alabama sex offender list.
Stranger rape can sometimes be accompanied by some other type of crime, be it abduction or assault, or even a burglary of a home or something of that nature. Date rape or acquaintance rape also has that element of forcible compulsion, but it also can include the crime of what we call sexual misconduct. This means that someone is tricked into not necessarily actual force, but there is some type of trickery or artifice that has been employed to gain the person’s actual consent. Those are the different classifications.False Accusations
Most Alabama rape lawyers, as well as prosecutors, need to be vigilant about a scenario where an individual is falsely accused, because being falsely charged with rape can ruin people’s lives. Being under the suspicion of a sex crime can weigh heavily on people. Knowing the risk of Alabama rape penalties can cause clients to lose too much weight, and lose their jobs and marriages. The individual being accused can potentially become very emotionally overwrought as they are going through this process.Alabama Rape Penalties
Rape in Alabama is considered a first degree Class A Felony. Alabama rape penalties depend on whether a weapon has been used or not. There are some sentence enhancement laws that have a mandatory minimum add-on type sentence for any type of a deadly weapon that is used in the commission of a Class A Felony.
Penalties can possibly involve a term of imprisonment or a term of probation. Being charged with a first degree sexual offense in Alabama is a very serious matter that can lead to years in prison, and you should hire an Alabama rape lawyer to help plan your defense. A conviction may also requireFacing Law Enforcement
A lot of people, when they first get contacted by law enforcement, are intimidated. People can often feel unprepared facing a policeman who is experienced in interrogation techniques, because this person is isolated once they arrive at the police station. They cannot use their cell phone. They are put in an interview room and then they may not know about a tape recording being made of the interview. A lot of times people do not understand that law enforcement in these investigative scenarios can misrepresent the facts.
Police do not have to tell the truth to the accused citizen. It is a recognized investigative technique to say something that they know is not true just to prompt the person into beginning the conversation and denying the allegation. That is something that they would not encounter if they hired an Alabama rape lawyer.Prosecutors Investigation
Most sex crimes take place in a private venue. People do not typically commit sex acts in public where there are other people or potential witnesses. By their very nature, typical sex crimes take place behind closed doors. Sex crimes usually take place with an acquaintance or are considered date rape-type offenses where identity is not an issue. These crimes also include abductions, where identity can be an issue. How the cases are prosecuted can also depend on who the victim is.
There is a whole mechanism in place for investigating the alleged defenses. This includes interviewing the children and having follow-up sessions where they are offered counseling. Children are very easily led by the people in these specialized locations where they do these forensic interviews, and the more often that a person tells their story the better they are at it. An Alabama rape lawyer can answer any questions you have regarding the investigative process.Get Help From a Sex Crimes Lawyer
Contacting an Alabama rape lawyer can mean they try to find out what is really going on with their client. It is one thing if the lawyer tells their client’s story versus the person going there and making a tape recorded statement. With the recorded statement from the individual, there is no deniability whatsoever or the person may be nervous and may not always give all the pertinent details that can make a difference.
An experienced lawyer can educate their client about what they are possibly facing. They could reach out to the prosecutor or policeman and try to find out why their client needs to talk to the police. A lawyer also will ask why they wanted to interview this person in the first place, and then will provide a forum where a person can tell their story without fear of incrimination, telling a lawyer first so the lawyer can evaluate the facts that are given against what the possible allegations are.
There are many things that our lawyers can do to cut things off before the proverbial snowball gets rolling too fast down the hill. We have had many, many instances where we were able to terminate investigations simply because we got involved early on and we were able to provide information that satisfied law enforcement and the prosecution. You will always experience a high quality of legal service from our entire staff, and you will know upfront the legal services to be performed on your behalf.