What is Date Rape?

Date rape is a crime that happens often. Rough statistics suggest that in the US nearly 50% of all rapes fall into this category. Yet, despite being common, this crime is widely misunderstood. For some, the misunderstanding lies in the fact that date rape is not as limited as they think. Others misunderstand by because they drastically underestimate how serious this crime really is.

Clarifying the Definition

A person can be charged with this crime if he is accused of sexually violating a neighbor, co-worker, or associate. Contrary to the beliefs of many, previous intimate relations are not necessary to constitute date rape. It is also not necessary for the act to occur when the victim and the accused are in the midst of a romantic outing. These factors, however, do not exclude the possibility of classifying an offense in this way. A girlfriend, boyfriend, or sexual partner can be raped.

Change of Consent

Date rape charges commonly stem from a change of plans. It is important to remember that a person can change her mind at any point during an intimate encounter. This includes after penetration has occurred. If a person changes her mind about having sex and her partner continues, the action after the point when she says “no,” “stop,” or anything similar is rape.

Drugs

Employing shady tactics to get a person to submit to sexual activity can be classified as rape. This is often seen with substances known as “date rape drugs.” When a person consumes these substances, she may submit to activities that she otherwise wouldn't. Date rape drugs can adversely affect a person's judgment, her senses, and her motor skills.

This means that a person looking to take advantage of her may be able to do so without her saying no or without having her resist. Memory can also be affected by date rape drugs, so she may not remember or only have blurred recollection after a sexual encounter. This type of behavior can absolutely be charged as date rape.

Get Legal Assistance

Date rape is a felony and is often harshly prosecuted. If you or anyone that you know has been charged with date rape, obtaining legal representation should be the first course of action. Defendants in these cases are not advised to attempt to enter into plea agreements or to proceed with the case without the assistance of a qualified defense attorney.