July, 2018: For over two years, Foster represented a client who was suspected of raping a young woman. Foster’s client had gone out to a bar with a group of friends. He and the woman had gone back to his place and engaged in consensual sexual intercourse. The woman made statements to a friend the next day that were inconsistent with having been raped. Nevertheless, the woman later reported to the police that Foster’s client had raped her on the night in question. Foster counseled his client not to make any statements to the police. Police obtained a DNA sample that, when compared with that taken from the rape kit, was consistent with the client’s DNA. Consequently, the police arrested the client. Foster then worked with his client to prepare a written proffer, protected under the Rules of Evidence from being used against him at trial, laying out the client’s truthful account that he had engaged in consensual sexual intercourse with the woman. Foster presented this proffer to the D.A., who consequently dismissed the rape case against Foster’s client, ending this two-year nightmare suffered by an innocent man.