Mississippi Criminal and Family Law BlogAnyone facing criminal charges is a traumatic experience. One of the most serious
charges is rape. This charge carries a long prison sentence and the stigma of a felony
conviction based on a violent sexual conviction and a life time sexual offender
registration. If you find yourself in this position, it is important that you seek legal
representation to help you with your defense strategy. Our experienced staff at
Carmody Law Firm are here to help you understand the seriousness of being falsely
accused of rape.
How Often are False Rapes Reported?
The National Sexual Violence Resource Center (NSVRC) points
to reviews suggesting that between 2% and 10% of rape allegations might be false.
However, this is a tiny figure compared to the estimated 63% of sexual assaults never
reported or recorded. Many genuine incidents go unreported because the victim fears
that the case will be dismissed. For this reason, lawmakers are increasingly
determined to place the burden of proof on the citizen charged in proving their
innocence.
What To Do If you are Falsely Accused of Rape?
If you find yourself in a situation where you are being accused of rape, it is important
to have your attorney begin building your defense. Following these simple steps will
help you to assemble an effective defense strategy.
1. Find a Qualified Attorney
You must find an attorney who has experience in defending clients against rape
charges. You need to do this immediately after you have been made aware of the
potential false claims being made against you. The sooner you hire an attorney, the
better your outcome.
2. Do Not Make the Situation Worse
Under no circumstances should you ever contact your accuser to question them on
your rape charge. Any contact you have with your accuser will be held against you in
court. While you may want to talk with the accuser, any additional contact with the
person can only hurt your potential outcome.
3. Discuss With Your Attorney Possible Motives
Your accuser may have reasons for bringing this charge against you. This motive
can be developed by you and your attorney for use in your defense.
4. Construct a Clear Timeline of Events
You will be arrested/charged with rape by local law enforcement based on sworn
documents by your accuser. These arrest documents will have the date, time, and
location of the rape. Assemble all the evidence you can to build a strong defense for
your case. This can be anything from having phone and text records printed out
between you and the accuser, possible witnesses who know why the accuser has
alleged rape, or having an alibi proving that you weren’t around the accuser when the
alleged rape took place. Your attorney will use these records in your defense. The
sooner you hire a qualified attorney, the netter your outcome will be.
What is the Penalty for Rape in Mississippi?
In Mississippi, every person who is at least eighteen (18) but under twenty-one (21)
years of age, and found guilty of rape, can be imprisoned for not more than five (5)
years in the State Penitentiary or fined not more than Five Thousand Dollars
($5,000.00), or both;
If the offender is twenty-one (21) years of age or older, and found guilty, can be
imprisoned not more than thirty (30) years in the State Penitentiary or fined not more
than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more
than forty (40) years in the State Penitentiary for each subsequent offense.
As one can see, the State of Mississippi has strong penalties put in place to deter
offenders from committing rape. Serious charges require qualified legal counsel to
assist you in any rape charge.
What Should Someone do if they are being accused of Rape?
If you have been searching the Mississippi area for a qualified, experienced criminal
defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have
helped numerous defendants pursue favorable outcomes. Although being accused of
rape is not a pleasant experience, there are many potential defense strategies that can
be used to defend the charges against an offender. Call us for you free consultation
today to learn more.
Please also see us on mississippi-lawyers.com and view our reviews on avvo.com,
superlawyers.com, and martindale.com. Our email address is mississippi-lawyers.com
and our office phone number is (601) 948 – 4444 option 1.