Rape allegations carry severe legal consequences, including felony charges and lifelong registration as a sex offender. Your Lancaster rape lawyer with Koffel | Brininger | Nesbitt has defended 15,000+ people over the last 30 years, helping clients protect their futures.
Your Lancaster sex crimes lawyer will build a strategic defense to challenge the prosecution’s case and fight for your rights.
What Happens After a Rape Allegation in Lancaster
If you have been accused of rape, law enforcement will conduct an immediate investigation to determine whether charges should be filed.
A Lancaster rape attorney with Koffel | Brininger | Nesbitt can review the details of your case and help you understand what to expect in the legal process. From the initial police report to the potential indictment, each stage of the case can impact the outcome.
Police Investigations and Initial Reports
Law enforcement begins a rape investigation by gathering statements from the accuser, the accused, and any witnesses. Officers may conduct interviews, collect physical evidence, and review digital records to establish a timeline of events. The accuser’s statement plays a significant role, but investigators will also assess the credibility of the claims through additional evidence.
Forensic exams and physical evidence are critical in sexual assault cases. A forensic medical exam, commonly referred to as a rape kit, is used to collect DNA, document injuries, and preserve evidence. Police may also review phone records, text messages, and social media interactions to determine whether the accusation aligns with available digital evidence.
Arrests and Pre-Trial Procedures
If law enforcement believes there is enough evidence, an arrest may occur before formal charges are filed. Your Lancaster criminal defense lawyer can advise you on what to expect if you are taken into custody, including your right to remain silent and your right to legal representation. Police may attempt to gather incriminating statements during questioning, but you are not required to answer without an attorney present.
After an arrest, a bail hearing will determine whether you can be released while awaiting trial. Judges consider factors such as the severity of the allegations, prior criminal history, and potential flight risk when setting bail. Some individuals may be granted release with conditions, such as electronic monitoring or restrictions on contacting the accuser.
Grand Jury and Indictments in Felony Cases
In felony cases, prosecutors may present the evidence to a grand jury to determine whether an indictment should be issued. A grand jury reviews the evidence in a closed proceeding without the presence of a judge or defense attorney. If jurors find probable cause, they will issue an indictment, allowing the case to proceed to trial.
For a free legal consultation with a rape lawyer serving Lancaster, call 614-884-1100
Legal Issues in Rape Cases
Ohio law defines rape as non-consensual sexual conduct that occurs through force, threat, or when the victim is unable to give consent. Under Ohio Revised Code § 2907.02, rape is a first-degree felony, carrying severe penalties, including mandatory prison time. Some of the factors that could impact the severity of the charges against you include:
- Age of the alleged victim – Charges may escalate if the accuser is a minor, even if the accused believed they were of legal age. The state imposes strict penalties for sexual offenses involving minors, and consent is not a defense in cases involving individuals below the legal age.
- Prior criminal history – Repeat offenders face harsher penalties, including mandatory prison sentences. If you have prior sexual offense convictions, prosecutors may pursue enhanced charges, increasing the likelihood of a longer prison term. Courts also impose restrictions on parole eligibility for individuals with multiple convictions.
- Presence of physical evidence – DNA, injuries, and surveillance footage can either support or weaken the prosecution’s case. If DNA evidence confirms sexual contact but does not prove lack of consent, the defense may challenge the prosecution’s argument. Conversely, a lack of forensic evidence can cast doubt on whether the alleged incident occurred as described.
- Witness testimony and credibility – Statements from the accuser, the accused, and third-party witnesses can influence the case outcome. Testimonies that contain inconsistencies or contradictions can weaken the prosecution’s claims. If the accuser has a history of false allegations, this information may be used to challenge their credibility.
- Accuser’s mental or physical state at the time of the incident – Prosecutors may argue that an individual under the influence of alcohol or drugs was incapable of giving consent. If the accused was also intoxicated, the defense may argue that both parties were impaired and unable to fully recall the events.
- Communication before and after the alleged incident – Digital messages, phone records, and emails may provide context to the interaction. If the accuser continued to engage with the accused in a friendly or affectionate manner after the alleged incident, it could raise doubts about the credibility of the allegations. We may be able to use these records to counter claims of coercion or non-consent.
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The Role of Expert Witnesses in Rape Defense Cases
Expert witnesses play a critical role in rape defense cases, offering analysis and testimony that may challenge the prosecution’s evidence.
Medical experts, forensic analysts, and digital evidence specialists provide insight into the credibility of physical and testimonial evidence. If you want to know more about us, our firm has experience working with expert witnesses to build strong defense strategies.
Forensic Experts and DNA Evidence
Forensic experts analyze DNA, blood samples, and other physical evidence to determine whether sexual contact occurred. DNA testing can confirm or dispute allegations, but it does not always establish consent or coercion. The defense may use forensic reports to highlight inconsistencies in the prosecution’s claims.
Forensic evidence is not always conclusive, and errors in testing can impact case outcomes. Contaminated samples, mislabeling, or improper storage can lead to inaccurate results. If forensic experts find flaws in the evidence collection process, the defense may argue that the results are unreliable.
Mental Health and False Memory Experts
Memory experts may testify about how trauma, stress, or suggestion can influence recollections of an event.
Studies show that memory is not always accurate, and external factors can shape a person’s perception of what occurred. If an accuser provides inconsistent statements, a false memory expert may explain how misinterpretations or external influences contributed to their claims.
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Work With a Rape Lawyer in Lancaster Who Will Defend Your Rights
A rape charge can have devastating consequences, but the right defense can change everything.
Your rape attorney in Lancaster from Koffel | Brininger | Nesbitt will examine the prosecution’s evidence, expose inconsistencies, and build a strong case for your defense. Contact our office today for a confidential consultation to discuss your legal options.
Call or text 614-884-1100 or complete a Free Case Evaluation form