Criminal Attorney Defense Donte Wyatt ESQ

 
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Rape by Intoxication ( date rape )

Donte T Wyatt - 

  • If you have been accused of date rape or rape by intoxication you need a criminal attorney 

 
Rape of an unconscious or intoxicating person ( date rape ) can present a difficult set of facts to confront when a person is charged with the crime of Rape by intoxication. The law requires that the person accused know or reasonably should know that the other person is intoxicated. However, if two people are out drinking together it may be difficult for the accused to evaluate the level of intoxication of the alleged victim. This is sometimes the case when the alleged victim decides that they did not believe they should have had sex with the accused after the act is done.

The alleged victim may feel guilty or embarrassed and accuse the other person of taking advantage of them even though they consented at the time. However, this presents a very difficult situation for a criminal defense attorney that must be delicate in handling such a victim. If a jury believes that a criminal defense attorney is unnecessarily verbally abusing a victim on the witness stand the jury may begin to sympathize with the victim and bring back a verdict based on emotion and not the law. Therefore, obtaining an experienced criminal defense attorney is critical in this situation. The accused needs a San Diego criminal defense attorney that is skilled at effectively handling victims in such a way that will benefit the defense. These skills are obtained after years of practicing law, conducting trials and dealing with victims.

San Diego criminal defense attorney Donte T. Wyatt has the experience and knowledge to guide you through these complicated and sensitive legal issues. Criminal Attorney Wyatt will vigorously fight for your rights and defend you.

Penal Code section 261
(a)Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:
(1)Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.
(2)Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
(3)Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
(4)Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:
(A)Was unconscious or asleep.
(B)Was not aware, knowing, perceiving, or cognizant that the act occurred.


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 Donte T Wyatt ESQ

   619-807-9505

1010 Second Ave
Ste # 1020
San Diego, CA, 92101

Donte@dontewyatt.com

   

 
 
 

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