Petersen Law was voted Best of Omaha for 2018 for the 7th year in a row. Each year, consumers in Omaha vote for their favorite businesses. Tom Petersen received the Best Attorney-DUI award. Thank you Omaha!
Thomas M. Petersen was selected as one of the top 50 DUI Lawyers in Nebraska for the 5th year in a row by the National Advocacy for DUI Defense.
Tom Peterson was selected as a Top 100 Trial Lawyer by The National Trial Lawyers. Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers.
Tom Petersen is a participating member of the National Association of Criminal Defense Lawyers. The NACDL is the foremost legal fraternity on criminal defense.
Being accused of any criminal offense can have immediate negative consequences for the accused despite the fact that the American criminal justice system operates on the premise of “innocent until proven guilty.” Being accused of rape all but ensures those immediate negative consequences. If you are actually convicted of rape, you could also face serious judicially imposed penalties, including a lengthy term of incarceration. For these reasons, it is imperative that you hire an experienced Nebraska criminal defense attorney to defend you if you find yourself the accused in a criminal prosecution for rape. The good news is that there are defenses to an accusation of rape that your Nebraska sexual assault attorney might be able to use. Exactly which defense, if any, will apply in your situation can only be decided with the assistance of your criminal defense attorney.
Defenses Your Sexual Assault Attorney Might Use
Every prosecution is unique and involves different facts and circumstances; however, there are some commonly used defenses to rape and sexual assault, including:
- The Consent Defense – Consent as a defense says that you admit the conduct alleged by the State occurred; however, that the conduct was consensual. Consent is one of the most common defenses to allegations of rape or sexual assault. Consent is most likely to be used when the defendant and the alleged victim knew each other prior to the conduct in question. Consent simply means that the alleged victim agreed to the sexual conduct. Keep in mind, however, that the alleged victim must be over the age of consent in order to legally give consent. The age of consent in the State of Nebraska is 17 years old. This means that if the alleged victim was under the age of 17 at the time the conduct in question occurred, he or she could not have legally consented to the conduct. This applies even if the alleged victim initiated the sexual conduct. Nebraska does have a “Romeo and Juliet” law that applies as well if the alleged victim was 16 and the accused was not more than two years older than the alleged victim. If the alleged victim was old enough to consent, the entire case can become a “he said, she said” argument for the jury (or judge if a jury trial was waived) to decide.
- It never happened – this defense is simple enough to understand as it claims that the conduct in question never happened. Of course, this defense can only work when there is no real evidence that the victim was actually assaulted.
- Mistaken identity –if the alleged victim was attacked by a stranger, mistaken identity is not uncommon. All too often an individual is picked out of a lineup or photo array after being led by the police to do so. The influence by police may be intentional or unintentional; however, in either case, it may be a defense to claim that the victim made an erroneous identification.
- Problems with the investigation – in a rape case, the strength of the physical evidence collected by the police is usually what convicts a defendant, not testimony by the victim nor others. If that evidence was obtained as a result of an illegal search and seizure and/or the police did not follow proper chain of custody policies, it may be possible to exclude the evidence from a trial.
- Pointing to a motive for making false accusations –. to be clear, this is not the same as blaming the victim. Instead, it means to take a look at the reasons the alleged victim might have for making false accusations.
Contact a Nebraska Sexual Assault Attorney
If you have been charged with rape or sexual assault in the State of Nebraska it is certainly in your best interest to consult with an experienced Nebraska criminal defense lawyer right away to discuss what defenses might be available to you. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
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