A Proven Criminal Defense Team

How the state defines date rape

On Behalf of | Mar 9, 2023 | Criminal Defense, Sex Crimes, Sexual Assault |

Date rape is a serious crime with potentially severe consequences. While sexual assault or rape can occur anywhere at any time, often it involves an acquaintance, neighbor, classmate, or colleague. It could be a casual acquaintance or someone from an existing or former relationship.

There may be mixed messages

Unlike other forms of sexual assault, date rape may not be apparent when it occurs. For example, the victim need not reject sexual contact at the time and may even appear to consent or agree to it. The issue can further get clouded if the victim or both participants were drinking alcohol or using drugs. Under circumstances like this, a “yes” may not be acceptable in court as consent. Moreover, what was once a consenting relationship is no longer the case. These details all make for confusion.

Defining unlawful sexual contact

Regardless of who it involves, unlawful sexual contact involves knowingly submitting the victim to sexual contact when the partner:

  • Does not consent
  • Is incapable of making clear decisions
  • Is physically helpless to consent
  • Is in their custody

The attempt to do one of these also counts.

The consequences of date rape

The consequences of these sex crimes are some of the most severe that any defendant can face, with jail or prison time likely for those convicted of a Class 4 felony and possibly those charged with a Class 1 misdemeanor. The consequences also involve such penalties as large fines, registering as a sex offender, probation and a criminal record that is a red flag for employers, landlords and others.

A strong defense is crucial

Unfortunately, defendants of any sexual assault charge are often regarded as guilty by the prosecution and even those outside the courtroom before they are proven innocent. There is so much on the line with these charges that the defendant needs to mount a strong defense. It starts with hiring a criminal defense attorney with experience defending against these charges.

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