Criminal Law Questions? Ask a Criminal Lawyer.
First, I would certainly get a second opinion from a criminal defense attorny (preferably that involving defending those accused of rape)...And make sure he gets to see your whole file, all discovery, etc. If my attorney told me I was SOL, I would have very little confidence in him, why kee him?
There is no way to evaluate your case obviously, but here are some considerations:
First, were you do intoxicated that you may not have had the requisite level of "intent" ("mens rea") necessary to commit a crime that requires intent behind it. (You will have to look at the actual crime statutes and evaluate each word. See if it must be intentional. If so, it may be that you can put reasonably doubt into the minds of jurors or prosecutors that this was done with intent.
Secondly, you need an expert physicial or similar that can testify that some nice drunken sex can result in vaginal tearing - and often does.
Thirdly, has she been charged with serving alcohol to an underaged person? How about then taking advantage of, possibly, that underage person who may have been too drunk to knowingly consent to sex? This may be a stretch, but all must be investigated. Your life is at stake here, life as you know it, and you must put on a vigorous defense.
Check to see if she has a partner that she may have had sex with that night as well - again, remote, but possible.
Above all, jd, get antoher attorney, a rape specialist, to AT least fully review and consult with. Your current attorney has basically told you, it seems, that he can't do anything for you. That may be because there is really bad evidence, such as a video showing you with a gunto her head (but I doubt, right?) or because there is more evidence against you than you are aware of or sharing, OR it could be because he is not so great. His lack of hope is disturbing. Either way, pay for another, VERY top experienced lawyer in this specific field.
Hope this helps to clarify.
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I have a Public deffender I can not afford a attorney, she doenst have a partner and i stayed at her house all night. the utah code states
76-5-402. Rape. (1) A person commits rape when the actor has sexual intercourse with another person without the victim's consent. (2) This section applies whether or not the actor is married to the victim. (3) Rape is a felony of the first degree, punishable by a term of imprisonment of: (a) except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life; (b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the rape the defendant caused serious bodily injury to another; or (c) life without parole, if the trier of fact finds that at the time of the commission of the rape the defendant was previously convicted of a grievous sexual offense. (4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser term than the term described in Subsection (3)(b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than: (a) ten years and which may be for life; or (b) six years and which may be for life. (5) The provisions of Subsection (4) do not apply when a person is sentenced under Subsection (3)(a) or (c). (6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance with Section 76-3-406.
Is there anything in here that helps me I dont unferstand all the meaning of the words..and how would i find out if "mens rea" is useable in utah court??
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