Rape and Sexual Assault Defense

Charges of Rape and Sexual Assault are Extremely Serious and can Cause Irreparable Damage to the Person Accused.

With one’s freedom, livelihood, family and reputation all potentially at stake…

Getting real help from an aggressive and experienced criminal defense attorney who is serious about protecting you is crucial. Call us now at 360-213-0013.

Accusations of sexual misconduct often come as a frightening shock and surprise to the accused.  Often, all it takes for prosecutors to file extremely serious charges is for a person to simply say that a sexual assault occurred.  If you are being investigated by police, the best thing is to get immediate, competent help.

Criminal offenses involving sexual acts like rape are extremely serious.  Unfortunately, serious criminal charges often rest on “he said, she said” kinds of circumstances.  Sometimes charges are simply based on lies that people tell for a variety of reasons.  Sometimes people make eggregious mistakes and need help getting help and doing damage control.  Even for persons who have no prior convictions at all, the consequences of a first conviction can be devastating and a sentence of up to life in prison may be imposed.

Nicole Dalton is an aggressive, experienced, and winning defender of sex offense cases.  Ms. Dalton understands the seriousness of the potential impact on clients’ lives.  When very serious accusations of crimes such as rape can be based on flimsy circumstances like drunken sex, morning regrets and angry significant others, it is imperative to have an attorney who is not afraid to examine and question all the evidence, conduct an aggressive, independent investigation, and ultimately to confront people who claim to be victims.   Ms. Dalton understands that people who claim to be victims are not necessarily telling the truth … And sometimes the prosecution doesn’t want to question the reality of what someone has simply said.

Other difficult circumstances can also give rise to serious charges such as:

• A difference in ages between consenting partners that is just beyond what the law permits, resulting in “statutory” rape charges;
• Immature kids or teens sometimes use poor judgment about sexual behavior but may lack the ability to form criminal intent;
• Mutual intoxication – while the law says that a certain level of intoxication may effectively cancel or vitiate consent on the part of the person who later complains (more often a female in a male/female sexual interaction), the law does not extend the same courtesy to the accused as voluntary intoxication is not currently a recognized defense.  The law here may be in flux and Ms. Dalton works on cutting edge litigation strategies to create fairness where laws are unfairly applied.
• Inadvertent or temporary possession of depictions of minors exhibiting sexual conduct.

Whether sexual contact was by consent or whether the alleged victim was too intoxicated to consent is often the sole question that is the basis of serious charges. An aggressive approach by an experienced and successful criminal defense attorney can make a huge difference. Conducting a thorough investigation and seeking potential defense witnesses is often crucial. We work with professional investigators with great track records to search for favorable evidence for our clients and make the prosecution understand that the facts are not always what they think they are.  With alleged cyber crimes, technical defenses sometimes exist, particulary where digital or online services have been used where it is hard to control communications and data that may be sent by others.

Ms. Dalton successfully uses pre-trial motions and an aggressive litigation to achieve favorable results for her clients.   Sometimes constitutional or other purely legal arguments can make a real difference.  Under recent case law, for example, decline of juvenile jurisdiction resulting in the potential imposition of life sentences for teens may be constitutionally problematic.  Ms. Dalton has recently been preparing to tackle the issue of somewhat recent changes in the law that call into question whether the constitution permits trying teens as adults where extremely long, indeterminate, or potential life sentences, may be imposed.

Additionally, Ms. Dalton handles criminal appeals on sex offense and other charges.  See our Appeals Page.  On appeal, Ms. Dalton recently argued before the Washington Supreme Court to extend a statutory defense to the civil context.  In Washington, reasonable belief in the alleged victim’s ability to consent to a sexual act is a defense to the crime of rape by inability to consent due to intoxication.  Unfortunately, for those accused in a civil context, who are the targets of a petition for a sexual assault protection order, this defense is not always available.  Ms. Dalton’s team won on the issue that Ms. Dalton brought in the trial court, when the trial court’s refusal to allow the defense was brought to the Washington Court of Appeals, Division Two.  See the published opinion here.  However, the Petitioner sought review in the Supreme Court and the matter is currently awaiting a decision.  See video of oral argument here.

Prosecutors use a variety of approaches to attempt to prove that a rape or sexual assault has occurred.  Though many cases simply rest on the word of the person who complained, prosecutors can also use DNA evidence, medical treatment records and other information gathered by “specialists” in sexual assault matters.  Sexual assault investigations are not always objective and the professionals used by prosecutors to support their case are often times dedicated to working exclusively on matters of sexual assault allegations. Ms. Dalton has the experience, and knowledge of the state’s scientific and medical evidence and experts, to successfully and aggressively confront that potential evidence.  

Whether your goal is to just return to your life as quickly as possible or whether you need to fight for a dismissal or acquittal and take the case to trial, Nicole Dalton is a skilled and experienced trial lawyer who will fight for the results that you need. Ms. Dalton has experience handling charges of a sexual nature including: rape charges, rape of a child including Washington’s equivalent to “statutory” rape, indecent liberties, assault with sexual motivation and other charges related to sexual conduct.

If you are being sought for questioning, before you talk to police, call immediately for advice from an experienced attorney. Successfully dealing with police investigations can make a huge difference. We are ready and willing to work diligently on your case to achieve the best possible outcome.Get help now by calling 360-213-0013 for your initial consultation with Nicole Dalton, an aggressive and experienced rape and sexual assault defense attorney. Most initial consultations on pending criminal charges are free.