Facing date rape charges can be frightening and embarrassing. Often, your recollection of the alleged incident is entirely different from your accuser’s, leaving you unsure how to proceed. If you have been accused of this crime, you should immediately contact an Orange County date rape lawyer.

These cases are aggressively prosecuted and harshly punished, so it is imperative that you have a criminal defense attorney who has extensive experience defending these charges. Our dedicated team of attorneys at The Law Office of Scott D. Henry has decades of experience assisting clients who faced date rape charges. We have a proven track record of successful defenses and have extensive experience taking these cases to trial. Allegations of date rape are extremely serious, so you need to have a diligent and capable legal team.

What is Considered Date Rape in Orange County?

California Penal Code 261 PC does not differentiate date rape from rape/sexual assault. In the past, rape was referred to as “date rape” when it involved using drugs such as GHB to lower the alleged victim’s inhibitions. Today, date rape refers to nonconsensual sexual intercourse between two people who are dating, friends, acquaintances, or who are spending time together voluntarily. It is often viewed as more casual because it typically does not involve force or fear. However, date rape is just as serious and has significant, long-lasting effects on its victims.

Penalties for Date Rape Convictions in Orange County

The penalties for a date rape conviction are no different than rape convictions. Rape is a felony with harsh penalties, as prison time is mandatory, which is stated in the California bill AB-2888. It prohibits the court from granting probation or suspending a sentence if a person is convicted of “violating specified provisions of law, including rape…if the victim was either unconscious or incapable of giving consent due to intoxication.” A rape conviction carries a prison sentence of three, six, or eight years as well as fines of up to $10,000. Additionally, a conviction counts as a strike under California’s Three Strikes Law.

Aside from prison time and fines, perhaps the harshest punishment is being required to register as a sex offender. A convicted individual’s life is forever changed because the registry is public record and can be viewed by anyone. It has a life-long impact on both their personal and professional lives. That is why it is essential to hire a skilled attorney in Orange County who could fight for your rights, reputation, and freedom if you have been accused of date rape.

Defenses Against Date Rape Charges

Date rape cases can be tricky because it is usually involves a “he said, she said” scenario. Additionally, alcohol and drugs often play a part in the alleged incident, which affects the perception and recollection of both parties involved. Every date rape case is unique, but there are effective defense strategies your lawyer in Orange County could pursue. Some common arguments include:

  • Victim consent
  • False accusation
  • Insufficient evidence
  • Mistaken identity

Because no two cases are the same, a thorough investigation of the alleged incident could help an attorney build an effective defense strategy. Our highly-regarded legal team has decades of experience helping those facing rape allegations and unprecedented success in creating proactive and aggressive defense strategies.

Speak with a Skilled Orange County Date Rape Attorney

Many of those accused of date rape do not immediately seek help from an attorney. They feel that the incident is a misunderstanding that can be worked out, or they are often too embarrassed by the situation. Not obtaining legal representation is typically a costly mistake.

An Orange County date rape lawyer with extensive experience defending similar cases could drastically affect the outcome. There is too much at stake to risk not having the best strategy possible. Our legal team at The Law Office of Scott D. Henry is dedicated to fighting for our clients’ rights. During your free consultation, we could discuss the incident in question, explain your rights, and determine how to move forward. Please contact our office today.

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