Criminal Lawyer Alan Eisner Secures Acquittal in Rape Case
LOS ANGELES, June 9 /PRNewswire/ — The Criminal Attorneys of Kestenbaum, Eisner & Gorin LLP, a premier Los Angeles Sex Crime Defense Firm, successfully represented a client accused of Rape by Intoxication, a violation of Penal Code Section 261. Following a two-week jury trial in the Rancho Cucamonga courthouse, the jury reached a verdict of Not Guilty. A sex crime allegation is one of the most fearsome faced by any criminal defendant, due to the social stigma of a “rape claim.” If the firm's client had been convicted of sexually assaulting the alleged victim, he faced many years in prison and lifetime sex-offender registration pursuant to Penal Code Section 290.
Rape Jury Trial Defense: The Defendant and the alleged victim met while attending an out-patient recovery program. While at the program, the alleged victim and the Defendant became friendly, arranging a party for the last night of the program at his apartment. The alleged victim testified that after two hours of drinking she felt intoxicated, tired, and buzzed. At some point during the night, she either fell asleep or passed out, and when she came to, she found two people (Defendant and Co-Defendant) were having sex with her. Startled, she pushed them away, and then called her friend to pick her up. After her boyfriend picked her up and she told him she was raped, he took her to the hospital and then notified the police. A blood-alcohol test revealed that she had over twice the legal limit of alcohol in her system to drive a car safely.
The Defendant testified that after the two hours of drinking he and the victim engaged in flirtatious dancing which led to her engaging in lap dancing, then oral sex, then sex in his bedroom with the co-defendant. Our firm's sex crimes defense strategy included calling a psychiatrist as an expert witness, who testified about “alcohol blackouts” and how they differ from “passing out” or losing consciousness. Our firm's sex crime trial attorney argued that even if the victim was being truthful about the events, that her lack of memory was due to a “blackout,” and not from “passing out.” Thus she was not unconscious at time of the intercourse (so she could consent), but rather just did not remember what happened.
After the acquittal, the jurors were questioned. Our trial lawyers learned that the psychiatrist's testimony was one of the key factors in the decision to acquit the client. Interestingly, the co-Defendant (the second guy who had sex with alleged victim that night) took a plea deal before trial to lesser charges; he was represented by the local Public Defender's Office.