Date Rape
Date rape is forced sexual intercourse (rape) with a victim that the perpetrator knows. This may be a girlfriend, boyfriend, friend or acquaintance. Drugs and alcohol may often be involved in date rape accusations, and can leave memories muddled and thoughts confused. Date rape charges are based upon the allegations that an individual forced another to have some form of sexual intercourse, without the victim's consent.
Consent and Date Rape Charges
Each state has its own interpretation of date rape, and some do not necessarily designate between rape and date rape. The primary issue at hand will be whether the sexual intercourse was consensual. If the victim was unconscious, physically restrained, drugged or otherwise unable to give consent, or actually said "no" or physically resisted, this may be sufficient to prove that intercourse was non-consensual. Even though the alleged victim and offender knew each other, this would not necessarily work as a valid defense if the intercourse was not mutually consensual.
Depending upon the state where the crime was committed, date rape is often charged as a felony sex crime and a conviction may result in imprisonment in state prison, fines and mandatory sex offender registration for life.
As it is a sex crime and a felony offense, date rape is a serious crime to be accused of committing. It may place one's reputation and career on the line, not to mention one's freedom. It is therefore important to know what to expect, so one can take the necessary steps to protect his or her future. Consulting a criminal defense lawyer is one of the first things to do.
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