Date Rape Lawyers

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What is Date Rape?

Date rape is unlawful sexual intercourse committed during a social engagement between the rapist and victim. Force may or may not be present. Date rape can occur where the victim has been drugged so as to impair his or her judgment and ability to consent.

Drugs, however, are not necessary for date rape; date rape is simply sexual intercourse without consent from all parties. The worst part about date rape is that it is often between people who know one another: friends, dates, boyfriends/girlfriends or acquaintances.

Common Date Rape Drugs

The most common date rape drug is actually legal: alcohol. Date rape often happens when the rapist and/or victim are drinking heavily. As a result, both parties’ judgments are worse than usual and the victim is often too inhibited to give proper consent or fight the rape. In many states, sex with a person who is too drunk to give consent is considered date rape.  

Other drugs, however, are far more sinister. These drugs are banned by federal law and the only purpose in their usage is to strip consent from a victim.

Below is a list of common date rape drugs. All of these drugs are difficult to detect and are commonly slipped into drinks:

Does Consent To Previous Sex Or Consent After Intercourse Count As Consent?

No, consent to prior sexual intercourse or receiving consent after the act does not count as consent.

It is common for victims to have had consensual sex with the defendant before or after the non-consented sex. It is not unusual for victims to have consensual sex with the defendant after a non-consented sex if the victim has no recollection of the latter. It is important to understand that sex must be consented to each time prior to each intercourse. A person saying “yes” once is not a blanket invitation for sex each and every time the defendant is aroused. Sadly, giving consent once is often treated as a valid defense for other times where sex is non-consensual. In fact, it is not valid at all.

What Obstacles May Inhibit A Date Rape Case From Being Properly Prosecuted?

Due to the personal nature of date rape, victims are often reluctant to even report the crime, as they may not want to get their friend or acquaintance in any sort of legal trouble. In addition, victims are often unsure if what occurred is even date rape, especially if alcohol or drugs prevents the victim from remembering everything that happened.

However, once a victim does try to bring the case forward, the personal nature of the case often serves to delay or even derail the case. Many women abuse the legal system by reporting date rape against partners who are cheating, neglecting, rejecting or breaking up with them. It doesn’t take too much imagination for actual date rapists to use this abuse of the system as a defense for their own crimes.

What Can You Do if You Have Been or Think You Have Been Date Raped?

Contact the authorities and go to a medical doctor immediately. Medical centers can preserve evidence of rape. Traces of date rape drugs disappear quickly from the body so it is important to get medical attention immediately.

What Can You Do if You Have Been Accused of Date Rape?

A skilled criminal defense lawyer familiar with your state laws can explain your options and help formulate possible defenses.  If you are innocent it is crucial that you find a strong criminal defense attorney, as most states require that those convicted of date rape be placed on the sexual offender registry.

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Last Modified: 07-14-2014 11:17 AM PDT

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