In § 261 of the California Penal Code, rape is defined as “sexual intercourse accomplished without consent.” While this law may, on the surface, appear to be clear-cut, the long list of conditions that can constitute non-consent that follows this law can be confusing. If you have been charged with date rape (also known as acquaintance rape), here is what you need to know about the crime you have been accused of and how to get the best defense possible in a court of law.
The most obvious form of non-consent in a date rape case is when the accused party is alleged to have used physical force or threats of bodily harm to engage in sex acts with the accusing party. However, consent—that is, the ability to agree to sex acts with another party—can become a tricky concept when you step outside the realm of using physical force or threats.
If a person has a physical or developmental disability, that person’s ability to consent to sexual activity comes into question. With the word “disability” covering a wide range of medical and developmental conditions, it is possible that an acquaintance could have a disability that a prosecutor claim renders them unable to consent—even if that acquaintance gave verbal consent at the time the acts took place.
It’s not unusual for people to go out for a few drinks on a date. However, adding alcohol or other controlled substances to the mix can cause the line of consent to blur—and this could lead to a date rape accusation. If your date accuses you of taking advantage of their intoxicated state in order to have sex with them, you could end up facing serious criminal charges even if you thought you were both consenting at the time and you may need to consult a date rape attorney in Los Angeles to defend against these claims.
Sometimes, you can end up accused of date rape when none of these factors have come into play on the grounds that you used verbal coercion in order to engage in a sex act. Coercion is essentially the act of “talking someone into” something they agree to hesitantly, but allege that they did not want to do. Some examples would include threatening to besmirch the reputation of the other party if the other party does not consent to sex, or stating that you will never speak to the other party again if he or she does not sleep with you. Accusations of date rape based on coercion are another area where the line of consent is unclear.
If you are being charged with a sex crime—whether you are innocent or not—you need an experienced defense team who can come to your aid and argue your case for you. When you need a date rape attorney in Los Angeles, contact the legal professionals at Okabe and Haushalter for a free consultation. The knowledgeable staff at Okabe and Haushalter can review the facts of your case and help you defend yourself against the crimes you stand accused against, possibly reducing fines and jail time.
