Top Rape Defense Attorney: Nicole Blank Becker
Sexual assault is a serious crime, which usually attracts severe charges and penalties globally. In this social media age with a prevalent cancel culture and rapid information dissemination, your life can be significantly affected overnight because of rape charges against you. So you must address sexual assault allegations promptly and effectively.
If you face rape charges, you need to act fast. A rape conviction can have a negative and long-lasting impact on your life and relationships. The first step toward addressing a criminal investigation or arrest for alleged rape is to hire a top criminal sexual conduct attorney.
Rape Defense Attorney
Nicole Blank Becker is a top rape criminal defense attorney with years of experience in the criminal justice system. She has successfully handled several rape cases over the years and can be trusted to establish a solid criminal defense in any sexual assault case.
Why Do You Need an Attorney if You Face Sexual Assault Charges?
It can be terrifying and overwhelming to face rape charges, mainly because it may have serious consequences. The criminal justice system is complex, so you need an experienced attorney to walk you through it. Nicole Blank Becker can advise you on the rights available to you as a criminal defendant. She will listen to you and protect your confidence because of the attorney–client relationship you share.
Nicole will also provide guidance in complex situations and help you answer questions from law enforcement officers during an investigation. She will teach you what it means when a detective calls you, and how to handle it.
As a rape defense attorney, her job is to protect your freedom, reputation, and rights. She will also investigate the sexual assault allegations to determine if they are true. With her years of experience in the legal profession, Nicole can advise you on the available legal defenses to the charges and work with you to develop the best sexual assault defense strategies for your case.
What if You Want to Represent Yourself in Court in a Sexual Assault Case?
You can represent yourself in a criminal case, particularly if the judge deems you competent enough to do so. The judge will consider your age, level of education, and the severity of the criminal offense.
Rape is a criminal offense with serious consequences. Therefore, you need to hire an experienced attorney to give yourself the best chance at a viable defense. Defense attorneys who actively practice law are trained to represent criminal defendants and provide expertise in peculiar situations. You will increase your chances of freedom or a lighter punishment if you allow an attorney to represent you in a rape case.
What is the Difference Between Rape and Criminal Sexual Conduct Under Michigan Law?
Rape is an unlawful sexual act without the person’s consent (learn what does non-consensual sex mean here). It typically involves sexual intercourse/sexual penetration (learn what is sexual penetration here).
Although rape is a criminal offense in every state, it has different legal terms and penalties across jurisdictions. Under Michigan law, sexual crimes, including statutory rape and date rape charges, are considered criminal sexual conduct. Therefore, it is a broad term for sexual offenses, including rape, in Michigan. Learn more about what is criminal sexual conduct here.
Criminal sexual conduct is categorized under four CSC degrees in Michigan. Criminal sexual conduct 1st degree and criminal sexual conduct 3rd degree are pretty severe. They involve sexual penetration of the vagina, anus, or mouth of the alleged victim without their consent. Also, the victim may be a person with disabilities or a person under 13. The alleged victim may also have a relationship with the accused person. Sexual assault that falls under these degrees of criminal sexual conduct often includes the commission of a felony, such as being armed with a weapon, causing personal injury to the victim, or aiding and abetting.
Criminal sexual conduct 2nd degree and criminal sexual conduct 4th degree entail sexually touching a person for gratification or out of revenge or anger (see what is offensive touching). They do not involve penetration. Criminal sexual conduct 2nd degree is considered much worse than criminal sexual conduct 4th degree. For either charge, the victim may be a child or an adult who may be physically or mentally incapacitated, live in the same household or a close family member. The sexual offense of criminal sexual conduct 4th degree typically considered a low felony or high misdemeanor. In other words, you would have to register with the state registry, but if asked in the future while applying for a job if you were ever convicted of a felony, you can appropriately say, no I have not.
Also, rape is a sex crime that may be punishable under federal law. It would violate federal law if committed on international waters or federal property, like a national park or government office building. It may also be considered a federal criminal offense if the alleged victim is a federal government employee or agent.
What is the Role of Consent in Rape Cases under Michigan Law?
Any sexual activity that is devoid of consent can amount to sexual misconduct. Sexual assault typically occurs in the absence of consent. Consent must be present from the initiation and during any sexual act, and it must be given by both parties.
The law does not criminalize consensual sex between adults. However, a minor is not deemed capable of granting consent, so any sexual activity with a child would constitute sexual assault. The age of consent in Michigan is 16. At 16 years old you can consent to sexual activity.
If a party is mentally or physically incapacitated or intoxicated by a substance, the law does not deem them capable of consenting to any sexual conduct. Also, where force or coercion, the threat to use force, or manipulation is used to secure a person’s participation, the law deems such an act as unlawful and criminal. Consent must be freely and fully given.
Must Rape Occur Between Strangers, or can the Victim of a Rape Case be Someone You Know?
Rape is non-consensual sexual intercourse and can occur between strangers or people who know each other. When it occurs between strangers, it is referred to as stranger rape. Where the victim and offender are spouses, it is called marital rape. It may also occur between people who have a romantic relationship, but are unmarried. This kind of rape is known as date rape. Rape could also happen between acquaintances and would be referred to as acquaintance rape.
Where rape occurs between close family members, like parents and children or siblings, it is called incest. Where the victim is a minor below the age of consent, it is called statutory rape (see what is statutory rape). Also, aggravated rape may occur when it involves intoxicating substances, serious bodily injury, and force or the threat to use force.
What Kind of Penalties will be Imposed if You are Convicted of Rape Under Michigan Law?
The punishment for rape ranges from a few years imprisonment to life imprisonment, depending on the circumstances of each case. You also can be required to do a sex offender registration, i.e. the Michigan Sex Offender Registry, which can permanently tarnish your reputation. A rape conviction can also make you vulnerable to stigmatization. It can affect your finances, chances of gaining employment, and fitting into society.
Rape often falls under the CSC 1st degree Michigan or 3rd degree sexual assault Michigan laws. Following a first degree criminal sexual conduct conviction, the accused person may face a life sentence (see CSC 1st degree Michigan penalty). If the victim is a child, the accused may face a mandatory-minimum of 25 years. A person convicted of criminal sexual conduct in the third degree may face a maximum prison sentence of 15 years (see CSC 3rd degree Michigan penalty). A sex offender may also be sentenced to long-term probationary supervision. In addition to a jail or prison sentence, the offender may face mandatory registration with the sex offender registry, be required to pay a hefty fine, or both.
If you are an immigrant in the U.S., your visa could be revoked or denied and you could be deported. You may lose your practicing license as a professional if you are a doctor, lawyer, nurse, teacher, or any other licensed professional.
What are the Available Defenses to Rape Allegations under Michigan Law?
If you are charged with sexual assault, you must act decisively and quickly. Even if the allegation is false, you stand the risk of punishment and reduced quality of life for facing such charges. You need a lawyer to help you develop a solid criminal sexual conduct defense. A great defense attorney can help you prove your innocence or reduce your punishment if you are found guilty.
A defense that may be available to you in a rape case is consent. Rape relies heavily on a lack of consent to constitute a criminal offense. Therefore, where you can prove the alleged victim’s consent, it can serve as a great defense in a rape case.
Another defense is insufficient evidence to establish the occurrence of rape. Where there is no physical evidence, such as DNA samples or a doctor’s report, the prosecution may be unable to prove rape.
The prosecution is responsible for proving your guilt beyond a reasonable doubt before you can be convicted of rape. Therefore, having an excellent defense strategy can be a the tool needed to establish your innocence or help you serve a lighter punishment.
When Should I Contact an Attorney if I Face Sexual Assault Charges?
You should contact an attorney the moment you are aware that there may be a criminal investigation or arrest coming for an alleged rape (learn how long you can be under investigation here). The earlier you contact your lawyer, the more chances you get at freedom or a reduced sentence.
Attorney Nicole Blank Becker is an excellent Michigan criminal sexual conduct attorney. Her experience as a former prosecutor and Chief of the Sex Crimes Unit and Chief of the Child Abuse Unit gives her a cutting-edge step above all other defense lawyers.
Nicole’s sole focus on sex crimes has made her the best in her field. If you or your loved one has been accused of rape, you can trust Nicole to establish a solid defense for you. Contact Attorney Nicole Blank Becker today for a free consultation.
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