Defenses to Allegations of Date Rape

The term "date rape" first emerged in the 1970s in the United States and since has been an increasingly common basis for criminal charges. An experienced sexual assault lawyer understands the nuances of the charge and how to explore the accusations against you to determine whether they make for a viable case. Following is a brief consideration of the factors that are involved in a date rape charge, alongside a consideration of how a sex crime defense attorney can help on your case.

Date Rape is a Sexual Assault that Happens During a Social Encounter

Recognizing the parameters for what designates a situation as date rape is essential in framing the charge. Oftentimes, the subject of intimacy may have been implied or discussed in the social situation in which the date rape allegedly occurred. In modern date rape cases, the concept of consent is central to the charge. The victim of date rape may not have been sexually assaulted in a violent manner but rather have engaged in sexual activity without consent. Consent is something that can be negated by intoxication, whether through drugs or alcohol.

Many modern date rape crime accusations stem from sexual encounters when the participants, or a participant, were intoxicated by the effects of drugs or alcohol. Judgment and emotion may also influence a date rape accusation, with jealousy, anger, or retaliation potentially being in play. Given the broad nature of consent and various means of defining it, an experienced sex crime lawyer is important to boil the facts down into legally actionable precedent.

The First Defense to Date Rape Allegations is to Contact a Criminal Defense Attorney

With charges of date rape, it is often a situation in which the victim is accusing the supposed perpetrator based upon their opinions and statements alone, without other evidence. When a case is one individual’s word against another, the charging party is motivated to collect evidence that will serve to their advantage and help their case. Due to this, it is essential that you not make any statements to the opposing party, their legal representation, or anyone else besides attorneys with whom you are consulting until the evidence collection phase has ceased. Making statements that seem harmless could provide the opposing party with useful pieces of information that can be applied to fill in blanks elsewhere and make you look guilty.

Once you’ve lined up the services of a criminal defense attorney to help on your date rape accusation, begin to collect as much evidence as possible that supports your assertion that date rape did not happen. Save clothing, relevant receipts, text messages, photographs, statements from friends or acquaintances. Create a list of witnesses and involved parties to provide to your criminal defense attorney, as false accusations, however false, can still make it into a case, and you need to be prepared.

An Experienced Attorney Can Help on Your Date Rape Charge Now!

If you have been accused of date rape, call Cohen Law Offices today at 715 514 5051 to set your initial consultation. Our experienced attorneys are ready to assist you however possible in addressing your date rape charge.