What Is the First Thing to Do If I’m Accused of Date Rape in California?
First, if you are accused of date rape in California, no matter what the circumstances, it is a serious matter, and you should not ever take the charges lightly. Even if you feel you are falsely accused of rape or have a previous relationship with the alleged victim, the penalties and potential negative social ramifications you could be subject to, if convicted, are devastating and possibly life-changing. So, as soon as possible, you must seek the professional guidance and advice of a highly experienced Orange County date rape lawyer. The sooner your criminal defense lawyer analyzes the specifics of your case, especially if you’ve not yet been charged, the greater your chance of winning your case or having any charges reduced or dropped. As soon as they review your case, your passionate and knowledgeable date rape lawyer will draft the most effective defensive strategy based on the facts and circumstances of the incident. Many times, if you’ve not yet been charged, your criminal defense law team may use the following defenses to mitigate your possible crime or even get any possible charges dropped.
These defenses begin with:
- Showing that the accusation of date rape was inherently false.
- Showing to the prosecutor that you did obtain consent from the victim before sexual activity.
- Alleging it’s a case of mistaken identity and that you are not the person who committed the alleged rape.
You must realize that the accusation and possibly charges of date rape in California are severe, and the sooner you obtain the assistance of an experienced California rape lawyer, the better your chances of avoiding a charge and possibly losing your freedom.
How is Date Rape Defined Under California Law?
Consent of both parties is a critical factor in any type of sex crime, including date rape. Even if the two people know each other well, an accusation of date rape can occur. Date Rape Falls Under Penal Code Section 261(a)(3)-(4). This legal code deals with non-consensual sexual intercourse and involves a victim who is, at the time, incapable of providing their legal consent due to factors such as intoxication, unconsciousness, etc.
Also, be aware that date rape can occur in numerous circumstances. In its more innocuous form, let’s say your sexual partner is too intoxicated to have given legal consent to the sexual act. Even if you have a previous relationship, etc., you still can be accused and charged with date rape. In a worse legal scenario, if your partner was unconscious due to intoxication or for any other medical reason, they could not have given their consent, and you are in a far more precarious situation. No matter the circumstances or how innocuous you may feel they are, the immediate and experienced guidance of a date rape lawyer is mandatory to protect your rights and your freedom fully.
What Are Some of the Main Defenses Against a Date Rape Charge?
One of the primary defenses for a date rape accusation or charge is the assertion of consent by both parties. Commonly, you, as the accused, will argue that the alleged victim provided clear consent when the incident occurred. However, under California law, consent must be informed, unambiguous, and provided without coercion or manipulation of any kind.
That said, some of the most common and reliable defenses to an accusation or charge of date rape are:
- You had a lack of knowledge – You and your thorough criminal defense lawyer may claim that you were completely unaware of the victim’s inability to provide consent. Let’s say the intoxication or incapacitation was not apparent. Your lawyer will argue that you had no reason to believe that your partner could not provide knowing consent.
- A mistaken belief of consent – There are cases where the accused honestly felt that the alleged victim was capable and had given permission. However, this defense can be legally tricky and is not foolproof. You and your lawyer must show that your belief was reasonable and not due to negligence or a reckless disregard for your partner’s mental state.
- It is a false accusation – In many criminal cases, false accusations do occur, and in date rape cases, it can be pretty common. Your skilled and well-versed date rape lawyer will establish the fact that the allegations are malicious or fabricated for the alleged victim’s personal gain or revenge.
One thing you should note, however, is that if the alleged victim is under 18, your defense becomes much more complex, and you could face severe prosecution under California’s consent laws. In this case, it doesn’t matter if the alleged victim freely participated in the sexual act because minors cannot give legal consent to sexual activity.
Additionally, if you and the alleged victim have previously engaged in sexual activity, it does not inherently mean that they necessarily consented on this occasion. Previous sexual activity, under the law, does not in and of itself constitute consent without additional consent. However, it is a fact that may be considered by the court when determining whether consent was given.
What Must the Prosecution Prove to Convict Me on a Date Rape Charge?
In most all criminal cases, the prosecution has the “burden of proof,” and in a date rape case must prove beyond doubt several key elements, such as:
- The alleged victim did not give legal consent – The prosecution must show that the sexual act occurred without the legal consent of the victim. It also must be emphasized that if consent is assured, it must be informed, unambiguous, and voluntarily given without coercion or manipulation.
- Use of force or coercion was used to gain consent – Consent may have been given. Still, the defendant used force, threats, or intimidation, or the alleged victim was incapable of giving consent due to intoxication, unconsciousness, or mental impairment.
Additionally, the prosecution must prove that you, as the defendant, had the intent to engage in sexual activity and you knew that the victim was not a consenting partner.
Admittedly, this sounds like a date rape charge may be hard to prove, and, at times, that is the case. However, the California penalties are incredibly harsh if you are convicted, and you should never attempt to navigate this legally dire road without experienced, passionate, and diligent legal guidance; your future is on the line.
I Have Been Accused of Date Rape in California; How Should I Proceed?
First, you must understand that no matter how irrational or even foolish you may feel your date rape accusation is, you must not ever take it lightly. In California, date rape is a serious offense, and if you don’t immediately seek professional legal help, things may rapidly spin out of control; don’t ever take that chance! Date rape in California is very aggressively prosecuted, and the penalties are severe, so you must obtain the counsel of a highly experienced criminal defense lawyer who will work rapidly to “get ahead” of the case.
The highly skilled and well-versed date rape lawyers at the Law Office of Scott Henry have decades of litigation and trial experience in defending clients on both accusations and this significantly severe charge.
Call them today at 714-294-0599 for a free consultation on your case and obtain the personalized, professional, and passionate legal guidance this harsh allegation or charge deserves.
