Date Rape

Under California law, date rape, acquaintance rape, and even spousal rape are no different than ordinary rape. Rape is generally defined as sexual intercourse, that was not consensual, and was done by threats, force, or fraud. The term date rape is used to indicate non-consensual sex where the people involved knew each other. It is not a different crime than rape. Any rape offense is a very serious charge, and conviction can result in years in prison, in addition to heavy fines.

Date rape may involve people who know each other, may be involved in a dating relationship, and in some cases are or have been sexually involved. Just because a couple has had sex in the past, it can still be considered rape if one party does not consent. However, one problem with such situations is that there is a grey area, and each party views the situation in a different light. This can result in one person seeing the event as not consensual, while the other considers it consensual.

See CA Penal Code 261.

Consent

Sexual activity that is not consensual between all parties involved is sexual battery or rape. Consent can be withdrawn at any time, meaning even if consensual sex begins, if one person withdraws their consent, the activity must stop. If the other person continues after consent has been withdrawn, it can be considered rape.

Drugs and Alcohol

The influence of drugs or alcohol have an effect on the ability to consent. By surreptitiously spiking someone's drink with drugs, an assailant can render the victim helpless. Even after the victim regains their full faculties, they may be confused and unsure of what even occurred.

A less clear issue of consent involves people voluntarily under the influence of alcohol or drugs. Someone may be prevented from legal consenting to sexual activity if they are intoxicated. Even the influence of alcohol on the alleged perpetrator may impact their ability to understand that the alleged victim is too impaired to consent.

False Accusation of Date Rape

Unfortunately, regretful or shameful emotions and public perception may cause some alleged victims to falsely accuse someone of date rape. Allegations of date rape can stigmatize the alleged perpetrator, even if they are later found not guilty of any crime. Someone falsely accused of date rape may feel that they have no chance to prove their innocence because it is one person's word against another. Often, alleged date rape will have no outside witnesses, and if it is reported later on, there will be no physical evidence.

Pretext Calls

One trick that criminal prosecutors use is a pretext call, in investigating sex crime charges. This involves the alleged victim, or a family member of the alleged victim, calling up the alleged perpetrator to talk about the incident. This will be secretly recorded by authorities, to try and get the alleged perpetrator to admit to something which can later be used against them.  

Sex Offender Registration

Conviction for date rape is still considered rape. A conviction will result in the requirement to register as a sex offender.  This means a lifetime requirement to register with the police, college or university for life.  

Defenses to Date Rape

In California, there are rape shield laws which are intended to protect the privacy of alleged victims. These laws make it difficult to introduce evidence of the accuser's past sexual conduct or reputation at trial even if it seems obvious that the accuser has a questionable sexual past or reputation. However, an experienced defense team understands how to investigate alleged date rape cases, and how to get charges dismissed. Skilled sex crimes defense lawyers will look into the facts of each case to determine how best to form their legal defense, including investigation into the accuser's background, and engaging top experts.

Contact the offices of White Goldstein to speak with an attorney who specializes in defending people accused of date rape or non-consensual sex. We will provide you or your loved one with superior legal representation. We are dedicated to giving our clients the highest level of service. We will thoroughly investigate the charges you or your loved one face and will tirelessly work to have them dismissed.

Free Confidential Consultation

Call White Goldstein today at (310) 295-1810 for a free, confidential consultation.

White Goldstein

At White Goldstein, we provide our clients, and their loved ones, with nothing less than excellence in criminal defense. Unlike many criminal defense attorneys in Los Angeles, we fight for our clients with compassion and emotion as well as intellect and skill because we genuinely care for our clients and their families

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