He said….She said…Who to believe in campus sex crimes

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

January 2017

IF you are a male college student and are sexually active, you are at risk of getting falsely accused of sexual battery (date rape).

Over the past few years I have defended several young falsely accused students. We live in dangerous times. In this the world of the Internet and with the many applications for cell phones, casual sex has exploded and surpassed even the most promiscuous days of the sixties. If you have a son in college, you need to have a serious talk about the dangers of being falsely accused by other coeds. It is easy for a girl the next day to try and justify a bad decision to have sex, blaming it on alcohol or drugs. Some of the school policies are out of touch with reality. It is true that date rape does exist but in my experience I have found that about half the time the accusations are false. This really puts stress on parents trying to protect their sons.
In the real world, many of the coeds are “sexting” sending very sexually explicit stills and videos of their bodies.

When it comes to alcohol and sex, there is a double standard. If a young women gets drunk and has sex she may claim that it was not consensual because she was impaired. They then try to blame the young man, claiming they were taken advantage of. The fact is, the young man may not have plied her with alcohol or done anything to encourage her to drink. I have had cases where both the young man and the young woman were both so drunk or stoned, neither one was really in control of their actions. So why blame the man? There is a double standard where the schools try to blame the man when the blame for a bad decision should be equally shared.

A false rape accusation can ruin a life forever.

The police routinely believe the woman, and I have had officers actually say that they presume the woman has been “victimized” until proven otherwise. They have no concept of the presumption of innocence. They start the investigation believing the woman is telling the truth and only look at the facts that support the false allegation. You cannot count on the police to conduct a fair investigation in date rape cases. There are many reasons a false charge can be made. Right at the top of the list is jealousy. Right below that is rejection. Hell hath no fury like a woman rejected. Anger ranks right up there in terms of causes. My job as a sex crime lawyer is to defend students falsely accused. Sometimes there is some truth to the accusation but incredibly mitigating circumstances. Nothing in life is really black and white when it comes to sex crime allegations.

Kids in high school are particularly at risk.

They are still young and make horrible decisions. I have handled cases where both of the kids are underage. Who then is the victim? Angry parents may report the “crime”, but the girl may be just as much at fault as the boy. It pays to have a criminal lawyer look at the facts. Never let your son make a statement without seeking legal advice first. Call me if you need to talk in Ft. Myers at 239 334 8890 or at my Sarasota office at 941 366 3506

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