What should I do if I’ve been accused of rape?

balduf-criminal-attorney“I am being accused of rape.”

The mere accusation of rape alone, regardless of its authenticity or a conviction could damage your entire personal and professional life. Rape is a felony, and conviction of rape in the State of New York can lead to 18 months to 25 years in State prison, along with being placed on the sex offenders registry, significant fines, loss of employment, and the ability to obtain certain types of employment or professional licenses.  If you are accused of rape, you are facing serious legal trouble and need an experienced criminal defense attorney immediately. It is important that you do not answer any questions or give any information to law enforcement without having your attorney present to protect your rights.  In charges of rape you will need an aggressive attorney on your side to fight for you, even if you are completely innocent.

Call me immediately.  I will review and analyze the case against you,  listen to your side of the story and plan a legal strategy that is in your best interests.  Remember the police and law enforcement are not on your side and they do not want to help you.  Their job is to charge you and convict you.  You need someone to be on your side.  If you are in Onondaga, Madison, Cayuga, or Oswego County have been accused of rape or any sex related crime, call me immediately.  I offer a free consultation. 315-474-5533

Legal Tactics for Child Abuse Charges

child-abuse-chargesFor all criminal matters and particularly  child abuse charges the best way to handle them is to anticipate the arguments and proof and try to address them in advance, or at least be prepared at trial.  The following are some common tactics and suggestions for ways of handling sex abuse cases:

Before trial the following can possibly be done to help defend child  abuse cases and charges:

  1. The defendant’s statement indicates he was the subject of sex abuse as a  child:  Investigators routinely elicit this information from defendants, perhaps in an effort to seem sympathetic during the interrogation,  but more likely, to attempt to get that information before a jury, which is likely to believe that someone who has been abused in the past will be an abuser.  The U.S. Government Accountability Office surveyed studies and concluded that there was no conclusive evidence that those abused as children would become abusers as adults.  http://www.gao.gov/products/GGD-96-178.  If you have this inflammatory information in the interrogation, a motion can be made in limine to keep it out.  If it’s deemed relevant a Frye Hearing can be requested arguing that if the science does not support this, the evidence should not come in.  An additional agreement here is that even if it does, it’s probative value is outweighed by its prejudicial effect.
  2. The claim that the child’s school performance deteriorated after the alleged abuse:  This is often given antecdotally by relatives.  But again, there is a study that supports a conclusion that there is no correlation between childhood sexual abuse and poor school performance.
  3. A motion could also be made here to preclude the use of any testimony of declining performance by the child, or ask for a Frye Hearing.
  4. CSAAS as witnesses. A motion can be made to preclude them as a witness/expert.
  5. Youthful indiscretions. Particular attention should be made as to whether the prosecution will try to highlight the many children with many mothers. This can possibly be limited by citing People v. Presha  83 AD3d 1406.

Contact William Balduf, Esq. and let his 30 years of experience work for you.  Serving Syracuse and Oswego, New York.

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