Date Rape Charge: What to Expect

Rape is a serious matter with equally serious repercussions for those who commit this sort of crime. Date rape is not exactly the same as a sexual assault generally associated when rape occurs between an unsuspecting victim and an unknown predator. Despite certain detailed exceptions, the repercussions for date rape can be just as serious with exactly the same consequences for the perpetrator.

Date Rape

A common definition of date rape is forcible sexual contact that results from a voluntary social engagement in which the person who is date raped did not intend to engage in sexual activities and resists the contact after making clear her intentions. The facts that both parties know each other, at least socially, and that the engagement to which both are playing a part is voluntary, are not defenses to the charge of date rape. Nor is the historical fact that the two parties have engaged in sexual contact prior to the incident in question. For the assault to be date rape the victim does not necessarily have to reject the advance or physically object to the advance in order to demonstrate lack of consent. There are cases where the victim may be intoxicated by alcohol or drugs and is rendered thereby incapable of giving legal consent. In the past decade there has also been the onset of date-rape drugs which have become more and more prevalent. These drugs include rohypnol, commonly called "roofies," and gamma-hydroxybutyrate (GHB) and ketamine. These drugs make it impossible for the individual to give consent as they lose consciousness and may even die under the influence of these narcotics. Date rape is the most common form of rape that occurs, but at the same time is the most commonly unreported type of sexual assault.

Prior to Arrest

In many cases the victim of date rape may not report the event due to confusion, shame and fear of consequences. However, if the victim does report the date rape the first step taken is for the victim to be interviewed by police detectives. The detectives begin an investigation based on this interview which includes interviewing the accused. Depending upon the evidence (proof or witnesses of date rape drugs being involved), and the findings from the interviews the detectives present the information to a felony-review attorney who reads the report and reviews all the case materials and determines whether to recommend the case for prosecution. If the supervisor of felony reviews agrees then charges are filed against the accused.

Arrest

Once a warrant is issued for the accused, the accused is eventually arrested. After being brought into custody by law enforcement the officer will advise you of your rights. Though no statements can be used against you your desire to remain silent during questioning can be brought up in court. The following procedures are generally imposed upon the accused once arrested:

Taken into custody
Told his Miranda rights
Given the opportunity to contact a lawyer
Advised generally as to the charges against him
May be required to participate in a lineup
May need to provide a handwriting sample
May be required to speak phrases associated with the crime
May be required to wear certain articles of clothing and/or give a DNA sample such as hair or blood
May be fingerprinted and photographed
May be taken before a court official and informed of the charges filed against them as well as their rights.

Arraignment

The arraignment is when the accused is first brought before the judge. Once again the Miranda rights are explained. If the accused was arrested without a warrant he can request that the judge release him on bond. Usually this is done quickly and the accused is released pending trial. In making these decisions the judge takes into account factors such sas any prior records attached to the accused as well as any perceived danger to the community should the accused be released. If the accused is not released and cannot post a surety bond, he can request that the judge set bond. He may also request any preliminary hearings allowed by statute.

Trial

Generally the accused can request that the trial be before the judge or a jury. Defense against date rape can be difficult. But at the same time, proving date rape can also be tricky. Generally it is a he said she said situation which unless there is a witness or evidence of some sort can be hard to prove. If the accused has photographic evidence of physical injury, torn clothing, semen, medical reports, or a witness to the use of date rape drugs or other behaviors, there can be strong evidence against the accused. Defenses to the accusation usually include insufficient or tainted evidence, factual innocence, mistaken identity and, in some cases, consent (although quite often this does not work as a defense).

Guilty or Not Guilty

If the accused is found to be not guilty of date rape he will want to petition that all records of his arrest and prosecution be formally expunged.

If found guilty of date rape, the accused can expect several penalties including incarceration, fines, restitution to the victim, and mandatory registration as a sex offender. These penalties, however, are only the beginning as there are many natural consequences that will adversely affect the individual for the remainder of his life. His reputation will be forever ruined (in some cases even when found not guilty this can also be the case). Following a date rape conviction it is extremely difficult to find a job, decent housing or even acquire a loan from a bank. Additionally the convict may be permanently cut out of the lives of former family, friends, neighbors and co-workers.

Talk to a Criminal Defense Lawyer

If you hope to have any success against being accused and charged with date rape you must retain an experienced attorney. This is true whether you are guilty of innocent of the charge. Only a competent attorney will be able to help you navigate through the legal maze that will begin when you are arrested and not end until there is a satisfactory conclusion at trial.