If you are facing rape charges, the Lexington rape lawyers at Suhre & Associates, LLC want to fight for you. Rape allegations in Lexington, KY, are extremely serious and require an extremely serious response. Your entire future is on the line, and the only person who will protect your best interest is your attorney.
Suhre & Associates, LLC has decades of experience in criminal law. We’ve helped countless clients beat charges and avoid the worst consequences of a conviction. We want to help you defend your good name and reputation against rape charges.
Your choice of a criminal defense lawyer is the most important decision you will ever make. Prosecutors and police are going to do everything they can to convict you. We will fight the state tooth and nail to prove your innocence. Contact us today for your free consultation, call us at 859-569-4014.
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Why Hire Suhre & Associates, LLC for Help Defending Against Rape Charges in Lexington, Kentucky?
If you are accused of rape or sexual assault, you can expect the full weight of the government to come bearing down on you. Your reputation will be on the line. Friends and family may even abandon you. Not Suhre & Associates, LLC. We will have your back every step of the way.
No accusations will surprise us – we have seen it all and are passionate about defending the constitutional rights of the accused. Our Lexington criminal defense lawyers have over 100 years of combined experience in criminal law — as defense attorneys, prosecutors, and police officers. We know what to do to build the defense you need for rape charges.
Some of the steps we may take in your case include:
- Asserting your right to remain silent
- Fighting for your release on favorable bail terms
- Dispatching investigators to find out what happened
- Working with forensic experts to analyze evidence
- Negotiating with prosecutors for a favorable plea deal
- Fighting your case at trial
We prepare every case for trial from the beginning. This is the only way to analyze your case from every possible angle. It also helps us evaluate the strengths and weaknesses of the case and properly advise you.
Sometimes cases are resolved through negotiations. When a case is negotiated, it can result in charges dropped, reduced, or a lighter sentence in exchange for a plea. Other times a favorable resolution cannot be reached through negotiation, and the case must go to trial. When a case goes to trial, our battle-tested team fights as hard as we can for you.
Contact us today for a free consultation with a Lexington criminal defense attorney.
What Does the Prosecution Need to Prove to Convict Someone of Rape in Kentucky?
Rape is considered among the most serious sex crimes. In Kentucky, there are three ways you could be charged with rape:
Rape is defined as engaging in sexual intercourse without consent. The state can prove a lack of consent in many different ways, including the use of force, physical helplessness, intoxication, mental incapacity to consent, and age. Under the law, certain individuals are deemed too young to consent to sex under any circumstances. All three types of rape are serious felonies.
The Difference Between the Charges
The most serious type of rape is First Degree Rape. First Degree Rape has three elements that prosecutors must prove beyond a reasonable doubt at trial. These are:
- The defendant
- Engaged in sexual intercourse with the victim
- By forcible compulsion; OR without consent because the victim was less than 12 years old; OR without consent because the victim was physically helpless at the time
The least serious type of rape by penalty is Third Degree Rape. This is the typical statutory rape statute. Here, the victim is deemed unable to consent due to their young age. In statutory rape prosecutions, the state doesn’t need to prove a lack of consent. Simply proving the requisite ages of the parties involved is enough to convict. If the victim hasn’t reached the age of consent, they can’t consent to sex, and it is automatically considered rape.
The state will build its case at trial by presenting many different kinds of evidence. This can include forensic evidence such as DNA and fingerprints. It will also include witness and victim testimony.
At Suhre & Associates, LLC, our team is well-versed in the many types of evidence that can be used in rape cases. We have the resources and experience to find inconsistencies and unreliability in evidence gathered from shoddy police work or questionable methods.
What are the Penalties for Rape in Kentucky?
No matter which type of rape is charged, it will be a serious felony and will be classified as a sex crime. There are different classifications of felony, with different penalties based on the severity. First Degree Rape is the most serious, then Second Degree, then Third Degree.
The following classifications and penalties apply:
|Rape in the First Degree (victim under age 12 OR serious physical injury occured)||Class A Felony||20 years – Life in prison; $10,000 fine|
|Rape in the First Degree||Class B Felony||10 – 20 years in prison; $10,000 fine|
|Rape in the Second Degree||Class C Felony||5 – 10 years in prison; $10,000 fine|
|Rape in the Third Degree||Class D Felony||1 – 5 years in prison; $10,000 fine|
The potential for this many years in prison is very scary. Suhre & Associates, LLC understands, which is why we will leave no stone unturned when building your defense. Our team is passionate about defending those accused of serious sex crimes. Under the Constitution, you are entitled to a presumption of innocence.
Sex Offender Registration
One of the worst penalties that comes with a rape conviction is mandatory registration as a sex offender with the state of Kentucky. Rape is a sex crime. Therefore, a person convicted of this crime must follow the requirements of the sex offender registry. This includes having your name and conviction on a publicly available database.
Other requirements include:
- Restrictions on where you can live and travel
- Restrictions on where you can work
- Restrictions on internet and social media use
- Mandatory check-ins with law enforcement
Failing to follow all of the requirements can lead to new felony charges and reincarceration.
Our team will hire experts and investigators, perform legal research, and do everything we can to present a strong defense and try to prevent a conviction. These penalties are serious, and you deserve a serious criminal defense.
What Defenses Are Available in Rape Cases in Lexington?
Rape cases are extremely complex and require experienced, aggressive legal counsel. When you hire our team to represent you, we begin by advising you of your rights. Never speak to the police or anyone else about your case without your attorney present.
Once we understand your side of the story, we will begin fighting to prove your innocence to the state and to the jury. A strong defense has two main components. First, we want to attack the state’s case against you. The burden of proof is on the government, and we try to reveal inconsistencies and unreliability in the evidence against you. Second, we try to proactively find evidence of your innocence.
No two cases are the same, so every case will have its own defenses. Some defense strategies that come up in rape cases may include:
- Arguing that police violated your Fourth Amendment rights so evidence must be thrown out
- Arguing that police violated your Fifth Amendment rights and requesting to suppress incriminating statements
- Using investigators to find favorable witnesses
- Attacking shoddy police work and unreliable forensic evidence with expert witnesses
- Showing that you have been wrongfully accused and someone else committed the crime
- Proving that sex was consensual or that the alleged victim has a motive to lie
Building a defense involves nuances and risks that you need to evaluate with your criminal defense lawyer carefully. Only your lawyer can properly advise you and help protect your rights. You should never try to present a defense on your own, as you may incriminate yourself without realizing it.
Contact Suhre & Associates, LLC Right Away For Help
If you have been accused of a sex crime, you need Lexington rape lawyers at Suhre & Associates, LLC on your team fighting for you. Our Kentucky criminal defense attorneys have helped thousands of clients successfully fight serious criminal charges. We have the experience you need on your side.
We take every allegation extremely seriously and will fight the state every step of the way. Your future, freedom, and reputation are too important to risk thinking it will all magically go away. You need to fight back with everything you’ve got. Contact our team right away to learn how we can help you.
333 West Vine Street #212
Lexington, KY 40507
Our Lexington, KY criminal defense law firm also provides:
- DUI Attorneys in Lexington, KY
- Lexington, KY Sex Crimes Lawyer
- Juvenile Crimes Lawyer in Lexington, KY
- Drug Crimes in Lexington, KY
- Theft Crimes Lawyer in Lexington, KY
- Weapons Charges Lawyer in Lexington, KY
- Felonies Lawyer in Lexington, KY
- Federal Crimes Lawyer in Lexington, KY
- Shoplifting Lawyer in lexington, KY
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Suhre & Associates, LLC – Lexington
333 West Vine Street #212
Lexington, KY 40507