Date rape is one of the most common sex crime allegations there is. A simple definition would explain date rape as forced sexual assault on a person by a friend, acquaintance or even a stranger. Date rape, as its name implies, typically refers to a victim being raped while on a date, out at a bar or a similar scenario. It is common for date rape to be accomplished by means of drugging or getting a victim inebriated. With inhibiting drugs or alcohol in a person’s system, that person cannot give their consent to the sexual act. Statistically, alcohol is more commonly used than drugs to accomplish date rape.
A shocking statistic is that 20 percent of all sexual assault victims believe that they were drugged or intoxicated on purpose by someone who had the intention to commit rape. Knowing this helps in understanding that date rape allegations are more common than many other types of assault charges. If you have been alleged of date rape, you need a strong defense in your corner. Our Los Angeles sex crime lawyers can fight for your rights so that you can avoid sex offender registration and other serious penalties.
Some of the most common drugs that were found in a person’s system after an assault that the victim did not recognize were marijuana, cocaine, and amphetamines. “Date rape drugs” can actually be any type of drug that causes an individual to be sedated, in a state of hypnosis or dissociative reality. Date rape drugs are usually administered without the victim’s knowledge through means of adding to food or drink. These drugs are usually odorless and tasteless. Allegedly using a date rape drug to force sexual intercourse is called Drug-facilitated sexual assault (DFSA) or “predator rape.”
Because victims are unconscious when the alleged sexual assault is taking place, this might produce false allegations. A victim, if they wake up and do not remember how they got to their current location, may instantly believe that a DFSA has happened. Other potential signs of date rape are missing or disheveled clothing, bruises, soreness or the presence of bodily fluids. Because the presence of any of these things can also indicate consensual sex, these cases will typically focus on proving whether or not the sex or sexual contact was consensual.
President Bill Clinton, in 1996, signed this act into law. Specifically, this act was targeted toward outlawing the use of the drug Rohypnol which at the time was the most commonly used date rape drug. Rohypnol or “roofies” when ingested produce a hypnotic state and can also act as a sedative. Years later, GHB was also banned by way of the Date-Rape Drug Prohibition Act of 2000 which made it a Schedule I narcotic. Sex or sexual conduct of any kind without consent can constitute rape. If you are being accused of date rape, you are going to need a strong defense representative on your side. Some possible defenses include proving that there was consent or proving that there was no sexual contact.
A sex crime conviction has the potential to label a person with a lifetime stigma. Even after the full extent of the penalties has been served, individuals who are labeled “convicted sex offenders” could have a difficult time gaining employment, moving into a new area and the like. The Los Angeles sex crime attorneys at Okabe & Haushalter have years of experience defending those accused of these types of crimes. We are not intimidated by the complexity and potentially sensitive nature of these cases. If you’re looking for strong and effective defense, contact our firm today and receive a free consultation.