Being accused of sexual assault can have devastating consequences for your reputation, career opportunities and even your liberty. Besides the harsh legal penalties and a criminal record associated with a conviction, you might also end up on the sex offenders’ registry if your criminal defense strategy is not successful.
Unfortunately, it is not uncommon to be accused of date rape. Regardless of the circumstances, being accused of date rape is a big deal. As such, it is important that you take the accusations seriously and explore your defense options promptly and thoroughly.
Understanding date rape
Consent is key to any sexual act. If there is no consent before intercourse, the end result is a crime known as rape. Generally, date rape is a term used to describe a sexual assault perpetrated by an individual who is known to the plaintiff. This term is also commonly used to describe rape that occurs after the victim has been drugged by their assailant.
Like most sexual assault claims, date rape cases eventually boil down to each party’s account of events. There are two primary instances when you can be accused of date rape:
When there was intoxication – As far as the law is concerned, an intoxicated individual may not properly consent to a sexual act. Likewise, a person may not consent to sex after passing out due to alcohol or other inebriating drugs. Therefore, if you went to a party, used drugs and ended up in bed with your accuser, you will have a difficult time arguing consent if they accuse you of rape.
When date rape drugs were involved – while investigating the incident, the prosecution will often ask the plaintiff to take certain tests to establish traces of date rape drugs like Valium, Rohypnol, sleep aids or Ketamine in their system. A positive result will most likely complicate matters for you.
Defending against the charges
Sexual assault crimes are incredibly complex. If you are accused of date rape, it is important that you take the accusation seriously and start working out your defense options by seeking legal guidance immediately.