Rape Lawyer
Serving Wyoming & South Dakota
A rape conviction can lead to severe consequences, including lengthy prison sentences, significant fines, and mandatory registration as a sex offender, leaving a lasting impact on your life and future. Navigating such complex legal challenges requires knowledgeable and dedicated legal representation to guide you through the process.
At Just Criminal Law, we provide comprehensive criminal defense for those facing these serious charges. Located in the heart of the Gillette community, we have a strong understanding of the local legal system and extensive experience handling cases throughout Wyoming and South Dakota. Since 2009, our attorneys, including former prosecutors, have managed over 10,000 criminal cases, gaining valuable courtroom experience. We are committed to thoroughly analyzing every aspect of your case to build a strong and effective defense on your behalf.
We can provide compassionate guidance and dedicated support through every step of this challenging legal process. Call (307) 300-2240 to schedule a case consultation with a rape attorney in Gillette, WY, today.
Distinguishing Rape and Sexual Assault in Wyoming & South Dakota Law
The terms “rape” and “sexual assault” are often used interchangeably, but their legal definitions differ between Wyoming and South Dakota. These distinctions are important as they influence charges and consequences in each state’s justice system.
In Wyoming, “sexual assault” is the primary legal term under Title 6 statutes, covering a range of non-consensual sexual acts, including those commonly considered rape, such as unlawful sexual intrusion. Wyoming categorizes sexual assault into degrees based on specific circumstances, without a separate crime labeled as “rape.”
South Dakota, under Title 22, defines “rape” (SDCL 22-22-1) more specifically as non-consensual sexual penetration. While “sexual assault” may be used more broadly, non-penetrative offenses are categorized separately, such as under “sexual contact.” The exact charge depends on the specific statute applied in each case.
Consent Under WY & SD Law: A Critical Examination
Consent is a central legal issue in rape and sexual assault cases under Wyoming and South Dakota law. The legality of the alleged act hinges on whether valid consent was present, an element subject to close examination throughout the legal process. For consent to hold legal weight, it must be clear, voluntary, and affirmatively expressed.
Neither silence, passivity, lack of resistance, nor a pre-existing relationship can be interpreted as consent. Additionally, both states explicitly invalidate consent obtained through force, threats, or intimidation, as well as consent given by individuals who are legally incapable of consenting. Legal incapacity may result from factors such as age, mental or physical conditions, or significant intoxication that impairs judgment.
In court, the presence or absence of consent is evaluated by reviewing all relevant circumstances and evidence. The prosecution carries the critical responsibility of proving the absence of valid consent beyond a reasonable doubt to secure a conviction.
Critical First Steps Following a Rape Accusation in Wyoming & South Dakota
If you are accused of rape or sexual assault in Wyoming or South Dakota, your immediate actions are critical for building your defense. The first step is to exercise your constitutional right to remain silent firmly. Avoid answering any questions or providing statements to law enforcement or investigators without an attorney present. Even well-intentioned comments can be used against you in court. Clearly and politely state that you will not answer questions until you have spoken with a lawyer.
It is equally important not to discuss the allegations or case details with anyone except your attorney. This includes friends, family, the accuser, or posting anything on social media. These conversations are not protected and may be used by the prosecution. Your priority should be safeguarding your legal rights.
Contact Just Criminal Law immediately to gain a clear understanding of the charges and to receive confidential guidance. Acting quickly allows you to protect your interests from the outset.
The Just Criminal Law Advantage: Grounded in Gillette, Serving Wyoming & South Dakota
Since 2009, we’ve handled over 10,000 criminal cases across Wyoming and South Dakota. This extensive experience has given us a comprehensive understanding of state laws, different judicial approaches, and prosecutorial strategies throughout the region.
By combining local knowledge with a broad history of handling complex cases, we are well-equipped to navigate the legal challenges of your situation and provide strong representation in your case.
Call (307) 300-2240 or contact us online to schedule a free case consultation with a rape lawyer in Gillette, WY.
Our Client Testimonials
See What People Say About Us In Your Community
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“I got the sentence I expected, and I feel like I was valued as a client further than the courtroom. I recommended them to anyone in need of support in their corner! Thanks guys!”Mitchell
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“I would l highly recommend Just Criminal Law to anyone who needs the level of expertise they provide and I was given.”Ryan B.
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“With knowledgeable, honest, and professional paralegals like Lisa, and litigators like Josh, I was confident that my legal issues were being addressed with my best interests being paramount.”Lucas A.
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“We truly valued his professionalism and the patience he showed in answering all of our questions. He took the time to guide us through every step of the process, which made us feel at ease with the court proceedings.”Rachel G.
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“I had an excellent experience working with Josh Taylor on my case. From the very beginning, they were professional, knowledgeable, and genuinely cared about my situation.”Nicole V.
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“Not only did this law firm help me in a terrible situation, every person I talked to there was exceptionally kind, professional, and understanding. Joshua Taylor, was not only very experienced and good at his job...but also made me feel heard and relieved ”Jessica T.
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“It was money well spent, Josh Taylor did his job the whole process from start to finish deserves a 10 start would not think twice about using their professional services TOP NOTCH.”Mark P.
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“I was able to speak directly with an attorney, Joe he answered all my questions and told me about his team I felt confident and comfortable. I hired them and they were able to get my case dismissed in about 2 months!”Dayanna A.
