You and a couple of classmates have gone out on a weekend getaway after a rigorous school semester. You’ve had a wonderful time. But then, there is a problem. Your date is claiming that you forced yourself onto them. Consequently, they have made a complaint and date rape charges have been filed against you.
Being accused of rape under any given set of circumstances is a big deal. A conviction can lead to years of incarceration. Worse still, you might end up with a criminal record. And this explains why you need to explore your defense options as soon as it comes to your attention that you are about to be indicted for date rape.
What is date rape?
Basically, date rape happens when someone is sexually assaulted by someone they are familiar with. It can involve two people who are on a date or are ordinarily romantically involved. Date rapes tend to be common among young folks like college students.
So how does date rape happen?
Like most sexual assault claims, date rape cases generally boil down to each party’s account of what transpired. That said, the following elements of sexual assault can lead to a date rape charge:
Alcohol use – legally speaking, an inebriated individual cannot give proper consent to sexual activity. Likewise, an individual who passes out after alcohol consumption may not consent to sexual intercourse. Therefore, if it is established that alcohol was involved during your encounter, then you might have a difficult time proving that the encounter was consensual.
Date rape drugs — As part of the investigation, the prosecution may ask the plaintiff to submit to drug tests to determine if they have traces of rape drugs like Ketamine, sleep aids, Rohypnol, GHB or Valium in their system. If the result is positive, then charges of date rape are more likely.
Building a defense
If you are charged with date rape, you absolutely need to explore your defense options. Understanding your legal options can help you protect your rights and defend yourself following a date rape charge.