Date Rape

Traditionally, the term ‘date rape’ is used for non-consensual sexual intercourse with somebody that the victim knows. Although most people might think of a stranger’s attack in a dark alley as the typical rape case scenario, date rape is actually one of the most prevalent forms of rape. These cases can be especially complicated for a variety of reasons. College campuses where alcohol is flowing can mean misunderstandings about consent are the norm. Even though there are cases where so-called ‘date rape drugs’ were found in a victim’s system, much more often we’re dealing with cases that involved two alcohol-impaired adults. If you or somebody you love is facing date rape charges, you need to speak with an experienced criminal defense attorney as soon as possible to get the ball rolling on your case. Date rape convictions can negatively impact your life for years to come.

Traditional Rape vs. Date Rape

When many people think of a rape case, the simplest scenario comes to mind. A person forces him or herself onto another person, violently, while the victim tries physically to stop the rape from happening. In the real world, rape cases are just as complicated as the criminal justice system that’s designed to investigate and prosecute them. There is truly no such thing as a ‘standard’ or ‘normal’ rape case. Each and every case is different. Date rape cases especially, have a lot of grey area in the eyes of the law. Many times perpetrators and victims have good or at least friendly relationships prior to the alleged date rape. Issues of consent can further complicate the case. A true date rape may not look like what we think a rape would look like, so it’s absolutely critical that both victims and the accused parties are advocated for to the best of their lawyer’s abilities.

What About Consent?

Issues surrounding consent are easily the most complicated parts of any date rape case. Were either or both parties inebriated at the time of the alleged incident? Was there perceived consent on one side or poor communication between the two people? When you’re dealing with alcohol or drug use, the issue of diminished capacity is going to come up. A variety of issues including the intent of the relationship and other psychological factors might come up as well.

He Said, She Said in a Date Rape Case

Since very rarely are there additional witnesses to a date rape, testimony typically comes down to just the two people involved. It should come as a surprise to nobody who has ever handled any kind of dispute between two people that a lot of what’s being accounted for are he said, she said type issues. Additionally, it’s also quite rare for two different people to have the exact same perception of any given event. These cases, when taken to court, can leave a lot of room for interpretation. This is part of the grey area that’s involved in a date rape case. Two people who know each other have sexual intercourse, and those two people aren’t agreeing on whether or not that encounter was consensual.

Rohypnol and Other Date Rape Drugs

Although the majority of date rape cases don’t actually involve the presence of a date rape drug, it’s still important to understand the factors and implications involved with this type of case. Since the 1990s, we’ve heard a lot about so-called ‘date rape drugs.’ These include Rohypnol or “Roofies,” GHB and Ketamine. Although you might think that the presence of one or more of these drugs would give the prosecution a slam-dunk case, there are other factors to consider. Many would also argue that other sedative drugs could also impact consent. Even alcohol, under certain circumstances could be viewed as diminishing capacity.

Being Falsely Accused of Date Rape in Jackson

Being falsely accused of date rape in Jackson can be incredibly damaging, even if you’re not convicted. This type of accusation can impact your ability to work, make a living, rent or buy a home and live your life. If you’ve been arrested and are facing date rape charges, your lawyer’s top priority needs to be clearing your name. It’s bad enough that you’ve been accused of date rape. Don’t let a date rape conviction send you to prison and ruin your life.

If you have been arrested for date rape, contact an experienced criminal defense attorney in Jackson as soon as possible. The skilled team at Coxwell & Associates, PLLC is standing by to answer your questions at (601) 948-1600.

Contact Us
Contact us