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Does this disprove rape by a preponderance of evidence?

Saint Paul, MN |

I got laid with a woman in her office, before she accompanied me to the airport to catch a flight the next morning. Ever since the moment I landed, I have been accused of sexual assault by this woman. She told the police she asked for a night shift and let me (then allegedly an ordinary friend) in at night, so that I could deposit my luggage and have some sleep for the next morning's flight; there and then I mounted a totally unexpected sexual assault on her. What her other direct evidences reflected, however, was that there were also intimacies that afternoon, preceding her letting me in her office that night. Is this discrepancy sufficient to prove her consent both that afternoon and that evening?
All directly evident on her own submission of evidence, except the "unexpected" piece.

In those other direct evidences, she also accused me of sexual assault that afternoon, claiming that the "yesterday afternoon and evening things" keep flashing back and making her "shudder", and spent pages portraying her psychology as "I'm afraid, I'm afraid, I'm afraid" and stuff. She's a university-trained psychologist. She said I assaulted her in the afternoon, and she and I inferrably went outside her on-campus office before she let me in her office again that night. She actually offered me dinner at a restaurant during the time we were outside. Doesn't her act of letting me in her office again prove she was not afraid of me and did not consider the afternoon intimacies as an assault? I of course have more circumstantial evidences suggesting we were dating and she even later acknowledged consent that night elsewhere, but I'm just curious as to why these above-mentioned direct discrepancies are not enough.

Attorney Answers 3


  1. No.

    Hire a criminal defense attorney IMMEDIATELY.

    Do not again go online describing your case facts.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  2. You need to speak with an attorney directly about your situation. Until then, refrain from posting any further facts to public forums such as this.

    Adam W. Klotz
    612.223.6767 EXT. 3

    The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice or the opinions of this attorney or affiliated law firm. Links that may appear on this site are intended solely for your convenience in identifying and accessing other sources of information.


  3. I concur with my colleagues, you have a right to remain silent and you need to exercise that right. Anything you say to anyone, especially on a public media such as this can be used against you and will. There is no way for an attorney reading your post to determine whether or not there might be enough evidence of anything. An attorney with experience trying rape cases needs to review the state discovery and conduct investigation on your behalf. Sexual assault cases such as this allegation are probably the most difficult type of cases that a criminal defense attorney handles. The allegations also have some of the most devastating long term consequences, even if the matter proceeds to trial and the verdict is not guilty. The stigma of having been charged often lingers for a very long time. Hire an attorney with experience handling sex cases as soon as possible.

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