Date rape is usually defined as forced sexual contact at voluntary social engagement in which an individual did not intend to engage in sexual acts and does not consent to those acts. In other words, an individual agrees to go on a date but not to engage in sexual intercourse. Date rape is usually between individuals who know each other and who are often more than basic acquaintances, and sometimes includes the use of drugs, but not always. The individuals may have gone on more than one date and may have willingly participated in sexual contact in the past.
Date rape is one of the categories of rape, or sexual assault, and invokes stiff penalties which often include fines, probation, incarceration, and counseling. An individual convicted of a sex offense will also have to register as a sex offender, which will affect housing and employment opportunities and also has a severe stigma attached to the conviction.
A sex crime lawyer will help an individual accused of date rape to find the defense which best fits the individual’s situation. A good criminal attorney will seek a defense of consent, which if the date rape lawyer is able to prove, will cause the case to be dismissed. Just because the individual agreed to go on a date or has consented in the past however, is not a defense to date rape charges, as a criminal defense lawyer will know. In fact, the individual may not even reject the advances of his or her date, but may be considered legally incapable of giving consent if he or she is intoxicated by alcohol or drugs. A sex crime lawyer will be able to identify the jurisdiction’s requirements on consent and to determine whether or not the criminal defense lawyer’s best choice for defending the individual’s situation is an argument of consent.
Although consent is probably the biggest issue in date rape cases, a date rape lawyer may also bring up questions of mistaken identity, improperly gathered evidence, or witness unreliability. Since charges of date rape are primarily based on the testimony of the individuals involved, sex crime attorneys may choose to point out inconsistent testimony, psychological issues, motives for false accusation, or other information which can enable the date rate lawyer to have the case dismissed before it ever goes to trial.
If you have been accused of date rape, contact one of our date rape lawyers immediately. A skilled defense and early intervention by a criminal defense lawyer can help protect your future and reputation from a sexual assault conviction.
If you want the best in knowledgeable legal representation & a criminal law firm that will treat your case with consideration and concern, please contact us 24/7 at (866) 847-1247 for a FREE confidential consultation.
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