San Diego County Rape Defense Attorney
William F. Nimmo, a renowned San Diego rape defense lawyer, has significant
experience handling sexual assault cases, as well as a multitude of other
types of cases. His experience rape cases in the greater San Diego area
has taught him that cases involving alleged victims who are adults or
minors close to 18 can be a hotbed for false accusations. Many times females,
either in relationships or in dating situations, make accusations of sexual
assault when in fact the acts were purely consensual. Rare is the case
of the predatory “power rapist” who surveys the landscape
for victims to overpower.
Typically, single men from their late teens through their 40s end up being
the group charged with sexual assaults. These happen either in relationships
gone wrong or one-night stands where the alleged victim has remorse about
what she did the previous night. Unfortunately, men tend to hook up with
a higher percentage of women of less than desirable stability or character
when they are in their quest for sex or a relationship. When men have
sex on their mind their common sense goes out the window.
Rape Accusations in a Relationship Breakup
Many times you see cases where a young man is in a relationship with what
he thinks is a wild and crazy young lady. She fascinates him and he doesn’t
see that she is damaged with significant personality disorders or psychiatric
problems. Sometimes the relationship gets ugly and if he doesn’t
get charged with
domestic violence because of the arguing he leaves her. Many of these individuals have personality
disorders that can’t handle rejection and the alleged victim retaliates
by accusing the man of rape.
If they complain immediately they are taken to S.A.R.T. (Sexual Assault
Response Team) where a nurse interviews them in detail and a physical
examination of their genitals is conducted. Chances are that “micro-abrasions”
will be found and the nurse will conclude that the sex was non-consensual.
At this point the client is facing major rape charges with prison potential.
As a San Diego rape defense attorney, I’ve handled numerous sexual
assault cases throughout the area. I recently handled a case where a young
man and a young woman had been in a love relationship for a couple of
years. The client was a college student with a wonderful future. The young
woman was stunningly attractive and was very wild. Despite the fact they
argued a lot over nothing he tried to keep the relationship together thinking
things would get better. Unbeknownst to my client, she had what is known
as a borderline personality disorder. This type of disorder includes pathological
lying and the inability to handle rejection. When he discovered her with
another guy he left her and refused to speak with her again. She retaliated
by filing a claim of rape. It was my job as his lawyer to uncover the truth.
We were able to show that the woman was lying about a number of things
that significantly damaged her credibility. I was prepared to go to trial
and felt confident about our chances of winning. The prosecution offered
a plea bargain which would have resulted in no time and a reduction to
a misdemeanor after a period of probation. The client felt he didn’t
want to take the risk of a rape conviction and accepted the offer.
Rape Defense Strategy
In a rape case the first thing you do is figure out the motive. Once you
understand the motive to accuse then you know how to proceed with the
defense. A full, aggressive investigation is mandated regarding the victim,
which includes interviewing her family, friends and co-workers. It is
important to subpoena any institution that might have credibility information.
Don’t be too surprised if you find another accusation. You are only
limited by the laws of privacy and your resources. If the consequences
are severe enough, you may want to go back to her high school and her
life prior to coming to the city to see what she is all about.