Question 1

What Is Date Rape?

Accepted Answer

The term "date rape" is used to describe forced sexual intercourse by an acquaintance of the victim, generally during a social engagement. The victim must have had no intention of submitting to the sexual advances and resisted with verbal refusals, pleas to stop, physical resistance, or been unable to give proper consent. Though date rape and rape are different charges, they are still prosecuted and punished under Penal Code 261 PC, California's rape law.

Date rape cases are complex. False accusations can and have been made out of confusion or misunderstandings. The fact that the parties involved are usually acquaintances, friends, or former partners could further complicate matters. Though rare, it is not unheard of for date rape allegations to be made out of spite or as a revenge tactic after a failed romance.

Question 2

What Are Possible Penalties for Date Rape?

Accepted Answer

State law gives prosecutors discretion regarding the type of charge you will face if you and the purported victim are less than three years apart in age. In this instance, the prosecutor can pursue either a misdemeanor or a felony charge. The consequences of a conviction may be a term in county jail ranging from 1-3 years. The state can also consider your prior or current criminal record in deciding whether to pursue enhanced sentencing.

California punishes a conviction of rape with a sentence in state prison for 3 to 8 years. The sentence can increase when the date rape is considered "aggravated" and can range from 7 to 13 years depending on circumstances. Date rape can be considered aggravated when one of the following conditions is present:

The accused allegedly caused bodily harm or injury to the victim.
The accused allegedly used the threat of force or violence as a method to coerce the victim.
More than one person allegedly took sexual advantage of the victim.
The accused allegedly drugged or incapacitated the victim.
The alleged victim had metal disabilities and was incapable of giving consent or resisting.
The alleged victim was a minor at the time of the assault.
The alleged victim was physically incapacitated.
The alleged offender is a blood relative of the victim.

Causing the victim to be unable to consent to, escape, or reject the offender’s advances is one of the most common factors in aggravated date rape cases. In many instances, victims are incapacitated with a drug given to them without their consent or knowledge. Some of the more common "date rape drugs" include Rohypnol (roofies), GHB, and ketamine.

Individuals convicted of a sex crime in California must register as sex offenders.

Question 3

What Are Additional Forms of Date Rape?

Accepted Answer

Involuntary Intoxication and Consent

If you or someone else secretly provides an individual with alcohol or drugs that render him or her unable to resist or consent to sexual intercourse, and you engage in sexual intercourse with that person, all forms of

consent received prior to or during sexual acts are rendered invalid and you can be charged with date rape by prosecutors.

Voluntary Intoxication and Consent

If you have sex with an individual who consumed enough alcohol or drugs to the point where he or she is unable to consent or resist the sexual encounter, prosecutors could charge you with date rape. It's up to the judge or jury to determine whether the accused knew or reasonably should have known that the alleged victim was too intoxicated to knowingly consent to sexual activity.

Prior Sexual Encounters and Consent

Just because two individuals engaged in consensual sexual acts in the past does not guarantee consent on every occasion. If one partner feels he or she didn’t or was unable to give consent to sexual intercourse, he or she may attempt to bring date rape charges against the other. California rape law holds that every act of sexual intercourse must be consensual. However, past consensual encounters can be used as evidence against date rape charges, and may be helpful in determining whether consent was given or not.

Los Angeles Date Rape Defense Attorneys

We Dig Deeper to Challenge Allegations of Date Rape