Lafayette Rape Lawyer
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Rape Attorney in Lafayette, LA
Even an allegation of rape can be life-altering. This includes social stigma as well as potential criminal penalties. Every person deserves a chance to tell their side of the story. A Lafayette rape lawyer can change the course of a case.
Treating Clients With Respect
We believe it’s important for our clients to receive an honest assessment of their cases. At Stockstill Defense Firm, clients are never left in the dark. Our focus is on guiding people through tough times. We are dedicated to handling complicated cases in Lafayette with thorough preparation.
What Is Rape?
Under Louisiana law, rape is defined as a sex act done without consent. The legal term “rape” refers to penetration without consent. The law focuses on the victim’s ability to say no. Force does not always mean physical violence. It can also mean pressure that causes fear.
The law treats some groups as unable to give consent. This includes minors and disabled people with disabilities. It can also include people who are under the influence or asleep.
Types of Rape Charges in Louisiana
Louisiana divides rape charges into different categories. Each one carries its own punishment. The main categories include:
First-Degree rape
This charge applies when the act involves force. In these cases, the victim cannot resist. It can also include cases involving weapons. If the victim is under 13, the charge is automatic. The sentence can be life without parole.
Second-Degree rape
This charge covers situations where the victim could not consent. The act might not involve physical force. But the law still considers it rape when the victim cannot resist. A person convicted can face 5 to 40 years in prison without parole.
Third-Degree rape
This includes sex without consent that does not involve the conditions of first or second-degree rape. It can happen between adults with no use of force. The penalty can be up to 25 years in prison.
Statutory rape
This refers to the rape of someone under the legal age of consent. Louisiana law treats sex with someone below the age of consent as rape. This applies even if the minor agrees. The law says they cannot give legal consent. The penalties range from fines to long prison sentences.
Aggravated rape of a child
Aggravated rape and first-degree rape are treated similarly in Louisiana. Aggravating factors include the victim's age, which is under 13 or over 65. It can also include the use of a weapon. This charge brings some of the harshest penalties under state law.
Rape charges are not something to ignore. All of them carry serious consequences. A Lafayette criminal defense attorney can help you understand what your charges mean.
Ability to Consent
Consent is one of the most discussed parts of a rape case. A person has to give clear permission before sex. Consent must come from someone with the mental ability to decide.
The law also protects minors by setting an age limit. In Louisiana, people under 17 are treated as unable to consent. If the victim is under 13, the charge becomes first-degree rape by law. Victims between 12 and 17 account for 66% of reported child sexual assault cases in the United States.
Common Defenses
Some defenses come up often in rape cases. One common defense is consent. A defendant can argue that both people agreed to the act. That means proving the victim had the freedom to decide.
Another defense is mistaken identity. In some cases, a person may be falsely accused. DNA evidence may help prove the accused was not involved. Some people face charges because of a poor investigation.
About 55% of sexual assaults happen in or near the victim’s home. That can make it hard to prove what took place. False accusations do happen. A defense team may bring evidence that the claim is not true. Some cases are made with an ulterior motive.
Why Do I Need an Attorney?
One of the most important parts of a case is the time immediately after a charge. Prosecutors start collecting evidence right away. What a person says in that early period can affect the entire case.
A lawyer can help protect the accused from self-incrimination. They can begin gathering defense evidence fast. Witnesses can forget details if enough time has passed. Delays can cause harm to a case.
Frequently Asked Questions (FAQs)
What Legally Qualifies as Rape in Louisiana?
What legally qualifies as rape in Louisiana is a non-consensual act involving sexual penetration. This applies when the act is done through force. It also counts if the victim was threatened or couldn’t resist. The victim being unconscious means they can’t consent. Rape is a felony charge under state law.
What Is Consent in a Louisiana Rape Case?
Consent in a Louisiana rape case involves both parties agreeing to sex. This has to be done without coercion. If someone is too young or not in their right mind, they legally cannot give consent. Courts review what was said or done during the interaction. They check to see whether there was pressure involved.
What Penalties Can Someone Face if Convicted of Rape in Lafayette?
The penalties someone can face if convicted of rape in Lafayette are severe. It depends on the type of charge. In some cases, the minimum is life in prison without parole. A person might also have to register as a sex offender. Judges do not necessarily have to allow probation or parole. Louisiana takes these kinds of charges seriously.
Are There Different Types of Rape Charges in Louisiana?
There are different types of rape charges in Louisiana. Each type depends on how the act happened. There are also different types based on how old the victim is. The level of force can affect the charge as well. A person can face harsher penalties if a weapon is used. Only 310 out of 1,000 cases of sexual assault go unreported.
Don’t Waste Time
You don’t have to wait for the system to decide your fate. You have the right to challenge certain steps of the case. A defense attorney can help you take action. Schedule a consultation with Stockstill Defense Firm to take action early.
Schedule a Case Evaluation!
Your First Step Toward Building a Strong Defense.