“I thought it was consensual.” “We were drunk.” “She said yes.”
Our law firm, Nicholson Goetz & Otis, S.C., has an outstanding reputation for defending people facing difficult charges and even more difficult times. We know these are sensitive cases, and we will handle your defense with the discretion and compassion it deserves. For years, we have fought for the “underdog” – good people caught in bad situations.
Second-degree sexual assault: You can be charged with this crime if you did not have consent and:
Unlike cases involving two strangers, alleged cases of date rape or acquaintance rape rarely involve denial that the sex took place. Both parties usually confirm that it happened. Instead, the issue is around consent.
Physical evidence is likely to be lacking, except in cases where the victim was given a date-rape drug or had defensive wounds (bruises, etc.) from trying to fight off their attacker. Instead, these cases often rely on the testimony of both parties involved and perhaps anyone else who happened to see them immediately before or after the alleged incident.
The best (and sometimes only) defense strategy against allegations of date rape is to prove that the alleged victim gave consent, or at least that the circumstances were ambiguous enough to be unable to discern when or whether consent was granted and when or whether it was rescinded.
Again, this often comes down to “he said, she said” testimony, and the details may have been very blurry if you were both impaired by alcohol or drugs. But any details you can remember and corroborate are going to be very important to your defense. To that end, you need to be careful about early statements you give to the police. Your story may change as you recall more details, but prosecutors could try to use those inconsistencies against you. Please have a defense attorney by your side before answering questions.
A historically common defense tactic in alleged rape cases was to introduce evidence about the complainant’s sexual history – either with other people, with the defendant or both. However, this tactic is all but prohibited under Wisconsin’s rape shield law. The statute does not allow the introduction of evidence of a complainant’s sexual history because it will likely have a prejudicial effect on the jury.
There are instances in which you might be able to introduce evidence of your own sexual history with the complainant (if there is a history), but several strict criteria must be met. It is important to remember, however, that each sexual encounter must be consensual. Even if prior encounters were consensual, that alone is not proof of consent in the encounter that resulted in criminal charges.
Our criminal defense attorneys are respected throughout the Madison and Wisconsin legal communities for their trial know-how and passion. We know that date rape case results can be changed by just one person’s testimony. That is why we will work with a network of experienced investigators and experts to uncover facts, go through those facts with a fine-toothed comb, and present a compelling case to the prosecution, judge and jury.
But don’t take our word for it. Instead, read what our past clients have to say and then contact us for a free 30-minute initial consultation by calling 608-471-5003 or sending us an email.
Learn more about how we can put this experience to work for you. Call 608-237-6854 or contact us online for a free 30 minute initial consultation about your criminal defense or family law case at our office in the heart of downtown Madison. We also offer off-site, weekend and evening appointments upon request.
