How to Deal with a Date Rape Accusation

Allegations of date rape means that someone is accusing someone they know socially, perhaps very well, of rape. Generally this is seen to occur when people have been drinking too much and don't remember giving consent, and thereby assume that didn't give consent and were raped. These allegations and/or false accusations are humiliating and can become devastating.

Common Reasons for Falsely Accusing Another of Date Rape

The most common reasons date rape is falsely alleged are:

1. The victim is caught cheating on a spouse or partner
2. The victim is caught cheating with the spouse of a friend
3. The victim feels remorse for the sexual act that followed a night of drinking
4. The accuser has a mental health disorder or a history of mental health disorder.
5. Illegal drugs taken in combination with alcohol causes memory uncertainty
6. The accuser has an emotional (or other) perceived reason to want to get vengeance on the accused

Police Investigations

In the case of date rape the question of sexual intercourse is usually not in dispute. The issue centers around whether the accuser consented to the sexual contact. The police are trained to take the accuser's word at face value and don't investigate the accuracy of the accuser's statement. Usually the emotional content of these situations will sway their opinions. Your best response is to not talk with a police officer under these circumstances. They will be willing to write down what you say, but quite often what the report says is not the same as what you said. Don't offer any explanations or defenses to the police.  Contact an attorney at once and present your side to him/her.

You and the Accuser Have Had Sex Before and/or She Had Sex with Others the Same Night

Some states have what is called a "Rape Shield" law that either limits or prohibits the defense to question the accuser regarding past sexual history during a trial. Questions that target the accuser's sexual history are considered irrelevant to the case. One possible exception is where you have had a past relationship with the accuser then evidence of this nature may be admitted by the judge, but only after a pretrial hearing where you have shown consent by the accuser.  But this is still at the discretion of the judge.

Defense Strategies Taken By an Attorney

The most important step you can take to deal with date rape accusations is to get a competent attorney who specializes in sexual assault cases.  You will want an attorney who will conduct a thorough, detailed investigation.  You will want attorneys who are not afraid of upsetting others to get to the truth.  They will need to track down records and witnesses that will support your case. They will also need to vigorously attack the credibility of your accuser.  You will want them to have access to experienced and licensed private investigators that know how to locate reluctant witnesses and acquire information others would prefer stay hidden.

Contact a Legal Expert

As with any accusations this serious you will want competent counsel.  Do your homework and find an attorney who has led successful defenses of this sort in the past.