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Under what circumstances can you be charged with date rape?

On Behalf of | Jan 1, 2023 | Criminal defense

Your partner came over to your place for the weekend. You had a great time together. You both enjoyed every moment of it, or so you believe. But then, there is a problem. Your partner is accusing you of date rape.

Date rape is a serious crime with far-reaching legal and personal consequences. A conviction can result in significant prison time and a possible slot on the sex offender register. If you are accused of date rape, it is in your best interest that you figure out how to defend yourself and get out of trouble.

But first, what exactly is date rape?

Legally speaking, date rape is a form of sexual assault where a person is raped by someone they are acquainted with. Whereas acquaintance rape involves two people who are known to each other but are not romantically involved, date rape happens when two people are on a date or are generally sexually involved. Date rape can also happen when the victim is drugged by the perpetrator with whom they are acquainted with.

So what leads to date rape?

Most sexual assault claims boil down to conflicting accounts of the parties involved. That said, here are instances when you can be charged with date rape:

When alcohol is involved – Legally, an inebriated individual cannot consent to sexual activity. Likewise, when a person passes out due to alcohol or drug intoxication, they may not consent to sex.

When drugs are involved – If someone accuses you of date rape, the investigators will often run a test on the complaining witness’s system for traces of drugs like GHB, Ketamine and sleep aids that are commonly used in date rapes.

Building your defense

Being accused of date rape or any form of sexual assault is something you do not want to take lightly. A conviction can be life-altering. If you are accused of date rape, it is in your best interest that you understand and explore your legal options.