Quasi-Rape Lawyer | Successful Case: No Referral (No Charges) in a Quasi-Rape Complaint Following a Drinking Gathering
01. Background
The client was drinking with acquaintances when the group joined another party and moved together to their accommodation. Later, as the others moved to a different room, the client was left alone in the same space with the woman involved.
The client was subsequently accused of quasi-rape.
Having suddenly become a criminal suspect, the client believed that there had been no coercion involved in the conduct but was unsure how to respond during the investigation. In particular, because the key issues in a quasi-rape case may include whether the alleged victim was incapable of resisting and the victim’s level of consciousness at the time, the client felt that it would be difficult to handle the matter alone. Seeking to establish the proper legal strategy from the outset, the client looked for a lawyer experienced in quasi-rape cases and ultimately consulted MegaX Law Office.
02. Key Issues
01 Whether the Complainant Was Incapable of Resistance at the Time of the Incident
02 Whether the Client Was Aware of and Took Advantage of the Other Party’s State of Mental Incapacity or Inability to Resist
03. Legal Strategy
Establishing a Strategy for the Initial Police Investigation
MegaX Law Office conducted multiple mock interview sessions based on the expected flow of questions from the investigative authorities in order to ensure consistency in the client’s statements.
Because taking the wrong approach during the initial investigation can significantly affect the outcome of a case, MegaX structured the key issues and developed a consistent framework for the client’s statements.
Securing Objective Circumstantial Evidence and Submitting a Legal Opinion
MegaX secured evidence indicating that the other party had regained consciousness at the time of the incident and was capable of normal conversation and physical activity.
Based on this evidence, MegaX submitted a legal opinion arguing that the other party had not been in a state of incapacity to resist.
Analyzing the Credibility of the Complainant’s Statements
MegaX compared the complainant’s initial and subsequent statements and analyzed portions that revealed gaps in memory and inconsistencies.
MegaX also closely examined the complainant’s behavior immediately after the incident and emphasized that the complainant’s statements alone were insufficient to establish that the conduct was forcible.
04. Outcome
- Previous[Release Granted Following Judicial Review of Detention] Successful Case: Client Detained on Charges Including Injury to a Lineal Ascendant Released Following a Detention Review 26.09.16
- Next[Suspension of Indictment] Successful Case: Client Accused of Indecent Assault Granted Leniency Through Suspension of Indictment 26.09.16
Attorneys Involved
View allAttorneys involved in this matter and related practice area.
