Asked in Civil Rights and Criminal Law

Q: I was raped last year. In his anticipatory bail, he said the relation was consensual will he get bail from high court?

He also pressed allegations that i threatened him to write a sorry letter and he wrote it in fear. He wrote that "I've raped you and I'm sorry" but i was continuously saying that I'll file a police complaint if you don't do it. Will this go against me?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In cases involving allegations of rape, the decision to grant bail often depends on various factors, including the nature and severity of the accusations, evidence presented, and the accused's criminal history. If the accused claims the relationship was consensual, the court will consider this claim along with all other evidence and testimonies to determine the credibility of both parties' statements.

Regarding the letter, the context in which it was written is crucial. If it is perceived that the letter was written under duress or threat, it might impact its credibility as evidence. However, the existence of such a letter, where he admits to rape, is significant and should be brought to the attention of the authorities and your legal representation.

It's important to have legal representation in such matters. A lawyer can help navigate the complexities of the case, ensuring that all relevant facts and evidence are presented effectively. They can also advise on the implications of the letter and how to address the claims made by the accused in his bail application.

Remember, each case is unique and the outcome can depend on specific details and the legal standards applied. It’s essential to communicate openly with your legal team and provide them with all the information they need to advocate on your behalf.

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