Dates Gone Wrong: What To Know About Date Rape

Posted on: 27 January 2017

If you have been accused of rape, you are facing some very serious consequences. Being convicted of rape could mean everything from a fine and probation to prison time and a lifelong label of sex offender, and you may need to take action quickly to defend yourself against those charges. Read on to learn more about date rape.

Date Rape

The term "date rape" is a fairly recent one, and the term actually has no real legal meaning. If you remove the word "date", the charge is still rape, and that charge alone is devastating enough. If you are accused of perpetrating date rape, generally it means that you knew the alleged victim, instead of the rape being perpetrated on a stranger. The incidence of date rate is far outpacing that of rape, likely due to the increased publicity that may prompt more victims to come forward. While this form of rape is called "date" rape, it can take place anywhere, anytime, and with anyone, as long as the two involved parties knew each other before the act occurred.

Rape

To understand this charge, you must understand the legal definitions of rape, which have changed over the years. In the past, physical force or threats of force were necessary components of a rage allegation, but those elements have been removed in most states' definitions of rape. Most states agree, however, that rape has been perpetrated when it involves the following elements:

  • The victim says "no" to sexual intercourse
  • The victim does not give consent to sexual intercourse
  • The victim is unable to give consent due to a physical or mental reason, such as being physically or mental disabled or under the influence of drugs or alcohol.

Consent

The central element that must be present for there to be a rape is lack of consent, and it is that element that is the most difficult to prove or to disprove. In some cases, it comes down the word of the alleged victim and the alleged perpetrator, since this act is, by and large, a private one. There is still a great deal of bias (bias that is mostly centered on gender) on the part of juries and judges, and that bias can swing both ways. One bias is toward a victim's apparent reluctance to engage in sexual intercourse and the alleged perpetrator's desire to aggressively pursue the act. On the other hand, you have the alleged victim's reluctance to admit that there was consent for various reasons. In spite of what the law says to the contrary, a victim that is now alleging rape after participating in sexual intercourse with the alleged perpetrator numerous times can face a large hurdle proving that they did not give consent that time.

If you stand accused of rape, date or otherwise, speak to a criminal defense attorney right away.

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