You are probably familiar with the term of ‘rape,’ which can encompass a wide variety of crimes like sexual assault and sexual battery according to state laws. Rape is defined as sexual intercourse that happens without a party’s consent. In some cases, it happens when a perpetrator physically overcomes the victim, and in other ways they might not be able to consent due to physical or mental infirmity. But have you ever heard of the term ‘date rape’ and what this encompasses?

How Date Rape is Different

Date rape is rape that occurs to people who are in a relationship or could potentially be in a relationship. A common scenario that you might be familiar with is one where the victim is at a bar with the perpetrator and they put date rape drugs inside the victim’s drink. From there, they might take advantage of the victim. Many women come forward every year with accusations of date rape and, unfortunately, the system is a bit biased toward them based on how they were dressed or their behavior on the night of the incident. This is an unfortunate truth.

You may wonder, how can I defend myself against date rape if I have been unfairly accused of a crime that I didn’t commit?

Defenses to the Crime of Date Rape

Consent: Can you show that the plaintiff in your case actually consented to the act? Even though this is sometimes difficult to prove, it is not impossible. It is more difficult to prove in cases where the victim was unable to give consent because they were intoxicated or under the age of consent.

Issues of Consent: There are some issues that you might run into in these cases, such as when consent began and ended, how it was communicated to one another, and more. These are aspects that you have to keep in mind.

If you have been charged with sexual assault in any way, you need an attorney on your side. Don’t handle your case on your own. Seek positive results today and call us at the Law Office of Peter Blair.