Falsely Accused of Date Rape: What to Do

Being falsely accused of date rape can have devastating consequences for the defendant. While many people are of the impression that the accuser is always believed, this is not the case. In criminal court their must be evidence that proves beyond a reasonable doubt that the defendant committed the crime. In reality, it becomes much more complex, given that many date rape accusations start with an actual act of intercourse that may or may not have been consensual.

Defining Date Rape

Almost everyone has some concept of the term date rape. It differs from a traditional rape charge in that the victim is forced into having sexual intercourse not with a stranger, but with someone they know.

In many cases, the date rape incident occurs after alcoholic beverages have been consumed, and both parties judgment become cloudy.

While date rape differs from a traditional rape charge in this context, many court view both types of sexual offenses as the same, and often sentence those convicted of date rape to the same severe penalties.

Penalties of a Date Rape Conviction

The penalties for a date rape conviction vary between states and legal jurisdictions, but generally involve jail time, fines, and potentially an addition to a registered sex offender list. Depending on the nature of the act and any aggravating circumstances, the penalties may be increased, adding potentially years to a prison sentence.

Most legal jurisdictions in the U.S. do not differentiate between a standard rape charge and a date rape charge, so defendants should be aware that potential consequences can be severe if a proper defense is not established.

How to Defend a Date Rape Charge

Defenses to a date rape charge can include alibi’s DNA tests of semen, video, audio or other evidence of the act, and witness testimony. Often, a date rape accuser will be seen with the suspect, and his/her actions or behavior towards the accused can be used in court to dispute any allegations that the accuser was not contenting.

What to Do? Talk to a Criminal Attorney

Make no mistake, a charge, or even just an accusation of date rape can have devastating consequences for the accused, and having competent legal representation is absolutely critical to ensure the rights of the accused are protected.

In many cases, an experienced criminal attorney can be the difference between facing significant jail time and permanent social stigma, and walking away from the incident with a clean slate.