Date Rape Charges

The concept of date rape is a relatively new one. Before the raising of public awareness, it was just assumed that any sexual act that occurred on a date was consensual. Also complicating the matter is the persistent assumption that rape is primarily committed by strangers and not by those known to the victim; however, statistics show the opposite to be true. With the rising number of cases and accusations, especially on college campuses, the issue of date rape charges is a hot bed of controversy and will probably remain so for years.

Definition

Date rape is a common non-legal term for the non-consensual sexual act (whether vaginal, oral, or anal) that is forced (either by physical force or psychological coercion) on a person that the victim knows, whether a date, friend, acquaintance and even an intimate partner and usually occurs during some social engagement.

National Statistics

Date rape is a more common occurrence than rape by a stranger. Approximately 70 to 80 percent of rape victims know their assailant. Other statistics show that most of the attacks occur in or near the victim's homes. About one-third of the assailants were under some intoxicating influence at the time.

Accusations

Because many date rape allegations come down to "he said, she said," it is hard for courts to determine exactly what happened. The presence of alcohol or drugs in the mix only complicates matters. Those who are victims of date rape may suffer devastating effects for years. Conversely, those wrongfully accused of date rape face a lingering social stigma, even if he (and it is usually males who are accused) is never convicted.

Laws and Penalties

In many jurisdictions, intoxication negates the required consent that separates consensual sex from legally defined rape. Even if there were prior consensual sex between the parties, this fact in itself does not establish consent in court. If the alleged victim is under the statutory age of consent, no legal consent could be given, even if there was active participation.

Prosecutors do not differentiate between date rape charges and regular rape charges; in most cases, date rape laws and penalties will be the same, including prison terms. In some states first-degree rape carries a sentence of no less than five years. Also, if someone is convicted of date rape in certain states, he may have to register as a sex offender. For example, California's Penal Code requires anyone convicted must register for a lifetime.

Finding an Attorney

Any charge of rape carries very severe penalties, including long jail terms. Also, there is the possibility of having to register as a sex offender. It is imperative that anyone facing date rape charges seek the help of a highly experienced attorney to ensure that his rights are protected.