Recently winning a jury trial for rape charges in Philadelphia was a proud victory for us. We knew our client was innocent. Given the political climate, the odds were against us. And, of course, with a young man’s freedom on the line, the stakes were high. But we were able to relentlessly advocate to achieve a full acquittal. And now, we are very proud to share that we won another very similar case in Delaware County this month.
Be wary of any lawyer who claims to win all their trials. As others have put it, “that’s how it is with legends. The greater they sound, the more [they] must’ve left out.”
However, in terms of real case outcomes, we know from the data that once sexual assault or rape charges are brought, it is very difficult for the accused to prevail. But lo-and-behold, ThePhillyLawyers is proud to share some reflections and takeaways from our most recent college campus rape trial.
What we have found is that in our current political environment, i.e., the #MeToo movement, the police and prosecutors seem afraid not to charge a man whenever a woman makes a claim against a man. Based on recent cases we have handled, and studying the trends, we have found this typing of criminal charging—even after the police/prosecutor only hears one side of a story—occurs frequently on college campuses.
Also, from what we have learned from our cases, while there is no one reason that can be stated with certainty, the mixture of college students engaging in adult behaviors with partners who they often only just met, along with the combination of alcohol, frequently results in consensual sexual encounters that are later regretted.
When a consensual encounter that is later regretted gets reported as a sexual assault or rape, and when the police and prosecution accept the accuser’s version with no corroboration or real physical evidence, it leads to charging innocents. In these scenarios, we have seen that the police engage in what social scientists call confirmation bias, i.e., they essentially ignore any evidence that does not support their guilt-laden narrative.
In one of our recent cases, the prosecutrix alleged rape when she felt rejected by our client who lost interest in her after their sexual encounter. In another of our recent cases, the prosecutrix alleged sexual assault as a “medical reason” in order to get refunded her tuition money and better academic record for a semester that she would have otherwise forfeited tuition for and failed academically when she was beyond the withdrawal deadline for the semester.
In both cases, we thoroughly investigated the matters and brought to light a number of disinterested witnesses—who the police and prosecutors had actually failed to interview. These witnesses shared with us critically important information that showed us that the sexual encounters were actually consensual. In these two recent cases, the police/prosecution had failed to investigate thoroughly or ignored the disinterested witnesses’ evidence, which did not support a guilt-laden narrative. Such “stacking the deck” or negligent investigation is inexplicable.
Based on this culture of police and prosecutors unquestioning acceptance of a complainant’s version, these rape and sexual assault charges are frequently brought against innocent young men. And we have noticed that at trial the prosecutor clings tightly to a certain Pennsylvania jury instruction that basically stands for the proposition that a jury can convict a defendant in these types of cases based upon the uncorroborated testimony of the accuser. There are, however, many other jury instructions that require the jury to more closely scrutinize the prosecution’s case.
Because of our independent investigations in both cases, and our scrutiny and challenge to the prosecutions’ narratives, we’re proud to share this second, recent favorable outcome in a college student sexual assault trial.
After the relief of the outcome sunk in, our client shared with us that he is “so thankful for you guys. I’ve been visualizing this day/feeling for the past 2 ½ years and it’s even better than I can even imagine.” In an unjust system that, at times, seemingly has the presumption of guilt with certain types of charges, you need a lawyer who is not afraid to fight for justice.
Bicycling is my sanctuary. Fifteen years ago, when both my parents fell ill, I asked their neurologist what I could do to stave off illness. Her answer: stay active, stay fit.
Cycling has brought me so much more than physical fitness. It has brought balance to my stressful and busy life. Cycling has helped me clear my mind through meditative, cardiovascular activity. I take pride in my progress as a cyclist, and I have become part of a positive, eccentric, and diverse community of fellow cyclists. But it feels increasingly dangerous on the roads.
In the last month, cars killed two cyclists in my community: one up the street from my home, as I was blocks away on my bike:
Bicyclist fatally struck by a car in Jenkintown.
And another on Henry Avenue by Roxborough:
Kevin Saint Clair died after being hit while riding his bike
Kevin was a long-time member of my team, Guy’s Racing Club, and an active racer.
On November 19th, the Bicycle Club of Philadelphia organized a World Day of Remembrance 2023, an annual event to honor people who have lost their lives to traffic accidents in the Philadelphia area. I was proud to take part.
I understand the risks of getting killed by a driver. Motorists, I implore you to please drive safer. Safer roads benefit drivers, pedestrians, and cyclists. Here are my requests for motorists:
Be Present
From work to family life, being present and in the moment makes you better. No matter if it is night or day, bike lane or no bike lane, cyclist and pedestrians have equal rights on the road. Think about that fact next time you are driving and are forced to change your behavior to safely pass a cyclist. A good driver expects the unexpected, observes what is on the road and makes calm, safe decisions. Be present and not angry. Be present and react safely to fellow humans walking, riding, or driving. You will be a better driver, happier, and safer, if you accept the fact that we all have equal possession of the roadways. Give cyclists space when you pass them—it is the law—and please don’t pass cyclists by recklessly driving into oncoming traffic. Your lack of patience does not justify endangering everyone else.
Calm down
My observation is that too many car drivers drive with a heighten sense of urgency. The idea of waiting a few seconds, and safely passing a cyclist, appears to be an offensive suggestion to many motorists. When you get in your car to go somewhere, please calm down. The sacrifice and inconvenience of passing a cyclist without risking your life, their life, or the life of other drivers, is well worth those seconds. Share the road means respecting other’s right to exist on the road.
Slow down
If you are speeding, you have less time to react to emergencies and less time to avoid an accident.
Phone down
Do not use your phone while driving. Not worth the risk, please.
Please keep the above in mind and make our roads safer for all users. I promise to be an advocate to make the roads safer for cyclists and I ask you to please join me.
