Date Rape and Statutory Rape

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

January 2017

Being falsely accused of a sex crime is a horrible thing.

As a sex crime lawyer, I have seen innocent men falsely accused and under investigation facing malicious false accusations by women.

The crime is actually called sexual battery.

It can take the form of forcible rape or simple alleged non consensual sex in a dating setting. The police routinely believe the woman. The prosecutors almost always take the side of the accuser. Many rape reports and allegations are simply false and most have an ulterior motive by the accuser. Statutory rape is having sex with an underage girl. Many times this involves a 15 year old female who was the real aggressor in a sexual situation. Many times the 15 year old lied about her age or even had a false identification. They sneak in with false identification. You may be arrested even if the girl came on to you and seemingly consented.

When it comes to date rape, some women want to blame their partners for their own indiscretion.

Women and men drink too much or abuse drugs and sex occurs. Some women will not take responsibility for their own conduct and days or weeks later claim they were drugged or the sex was non consensual. This happens all the time in the college setting. Custody disputes in divorce cases often involve allegations of underage sex. Sometimes, money is the real reason. Athletes are common targets for false allegations. As a sex crime lawyer for over thirty years,I have defended false allegations of sexual battery. These cases are defensible and a timely investigation is critical. Do not wait until you are arrested. Many times criminal defense lawyers can expose the false allegation before an arrest occurs.
How to defend against a false charge

Most of the time, there is a reason for the false allegation. It can be jealousy. It can be to gain custody of the child. The accuser can be mentally unstable or it can be done to get the man out of the house. In the past, I have defended men falsely accused by women who had consensual sex and when their boyfriend finds out, claimed they were raped. Many times, the true victim is the man that is falsely accused. Teachers are accused by disgruntled students. Stepfathers are accused by stepdaughters. Even wives can accuse their husbands and former spouses of sexual abuse. Do not become a registered sex offender for life. Do not go to prison on a false charge. Call today for a free consultation at 941 366 3506 or 239 334 8890

He said….She said…Who to believe in campus sex crimes

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

January 2017

IF you are a male college student and are sexually active, you are at risk of getting falsely accused of sexual battery (date rape).

Over the past few years I have defended several young falsely accused students. We live in dangerous times. In this the world of the Internet and with the many applications for cell phones, casual sex has exploded and surpassed even the most promiscuous days of the sixties. If you have a son in college, you need to have a serious talk about the dangers of being falsely accused by other coeds. It is easy for a girl the next day to try and justify a bad decision to have sex, blaming it on alcohol or drugs. Some of the school policies are out of touch with reality. It is true that date rape does exist but in my experience I have found that about half the time the accusations are false. This really puts stress on parents trying to protect their sons.
In the real world, many of the coeds are “sexting” sending very sexually explicit stills and videos of their bodies.

When it comes to alcohol and sex, there is a double standard. If a young women gets drunk and has sex she may claim that it was not consensual because she was impaired. They then try to blame the young man, claiming they were taken advantage of. The fact is, the young man may not have plied her with alcohol or done anything to encourage her to drink. I have had cases where both the young man and the young woman were both so drunk or stoned, neither one was really in control of their actions. So why blame the man? There is a double standard where the schools try to blame the man when the blame for a bad decision should be equally shared.

A false rape accusation can ruin a life forever.

The police routinely believe the woman, and I have had officers actually say that they presume the woman has been “victimized” until proven otherwise. They have no concept of the presumption of innocence. They start the investigation believing the woman is telling the truth and only look at the facts that support the false allegation. You cannot count on the police to conduct a fair investigation in date rape cases. There are many reasons a false charge can be made. Right at the top of the list is jealousy. Right below that is rejection. Hell hath no fury like a woman rejected. Anger ranks right up there in terms of causes. My job as a sex crime lawyer is to defend students falsely accused. Sometimes there is some truth to the accusation but incredibly mitigating circumstances. Nothing in life is really black and white when it comes to sex crime allegations.

Kids in high school are particularly at risk.

They are still young and make horrible decisions. I have handled cases where both of the kids are underage. Who then is the victim? Angry parents may report the “crime”, but the girl may be just as much at fault as the boy. It pays to have a criminal lawyer look at the facts. Never let your son make a statement without seeking legal advice first. Call me if you need to talk in Ft. Myers at 239 334 8890 or at my Sarasota office at 941 366 3506