Date rape is any situation where a person is accused of sexually assaulting someone they knew, were at a club with, or were romantically involved with. Many date rape cases involve situations where consent was unclear or where it seemed consensual at the time. Regardless of the circumstances, if you are accused of date rape you should seek legal help immediately. Do not wait to be formally charged—you need to talk to a Los Angeles date rape lawyer.
The Simmrin Law Group knows how to handle these cases. We built our firm around the conviction that you are innocent until proven guilty. When you call us, we will take your side, launch our own investigation into your case, and fight to prove that you are innocent. Let us give you a FREE consultation on your case. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.
What is the legal definition of date rape in Los Angeles?
Under California law, there is no formal difference between “date rape” and other types of rape. Both are charged under the same statute, Penal Code Section 261, which is California’s sexual assault law.
However, when an incident is called date rape, it usually means one of several things:
- The two people knew each other
- The two people met at a party, bar or club
- The two people were dating, married or involved sexually
- One or both people were intoxicated (or one may have even been unconscious)
Often, date rape seems like a consensual, or even enthusiastic encounter when it happens… but if one party is left with regret or guilt the next day, or feels they were too intoxicated, they may decide after the fact that it was not consensual.
There are also situations where false date rape accusations are made . In fact, these accusations are horrifyingly common. One person may use a false allegation to get back at the other for breaking up with them, for cheating on them, or for any other situation where they feel they need revenge.
Date rape cases are messy, and can ruin lives. If someone you have been involved with accuses you of date rape, do not continue talking to them or to the police. Talk to a lawyer first.
Is sex automatically “non-consensual” just because someone is intoxicated?
Legally, the answer is often yes.
Of course, many couples choose to drink or use drugs together and then have consensual sex. The problem is: once someone is intoxicated, that person may no longer have the capacity to give meaningful consent. In other words, they may say yes or participate when they would have actually stopped if they were more sober. This muddies the waters.
Under California law, here is how consent and intoxication work:
- There is definitely no “consent” if the person was involuntarily intoxicated. If they were drugged, had their drink spiked, or were otherwise slipped some kind of intoxicant, then any consent they gave does not count and the act is date rape.
- “Consent” may or may not count if the person chose to be intoxicated. If the person knowingly drank or did drugs, but later on felt regret and reported it as rape, the judge will ultimately decide whether the consent “counted” or not.
This creates an unfair situation where one partner has no way of knowing whether the sex is consensual until the next day.
What if I was dating (or married to) the person who claims they were raped?
You can still be convicted of date rape.
Under the law, every individual sex act must be consensual. You can have consensual sex dozens or even hundreds of times, but if the partner is unwilling once, proceeding further counts as sexual assault.
However, if there is a questions about whether or not the person consented, your previous sexual relationship together can be used as evidence that it was consensual.
What if I was also intoxicated?
If both parties are intoxicated during an encounter, either one may be accused of date raping the other, depending on what happened.
Generally speaking, being intoxicated is not a defense against date rape. However, it can be used as evidence to help show that the encounter was not predatory or to help establish that the other party was “voluntarily” intoxicated.
What if I had a “date rape drug” purely for my own recreational uses?
This is a growing issue in California. Some date rape drugs, especially GHB, are also used voluntarily as recreational drugs. In fact, GHB is quickly becoming one of the top recreational drugs used in clubs. But, if you are caught with it, authorities will often assume you intended to date rape someone, and you can face steep consequences.
Since January 1, 2017, strict laws have applied to date rape drugs:
- Possessing a date rape drug is automatically a felony if you intended to use it for sexual assault.
- If you did not intend to use it for sexual assault, you will face normal drug possession charges.
Proving that you only intended to use it recreationally may be the difference between years in prison and a simple drug possession charge. You need a good attorney who can convince the court of the true reason why you had it.
What drugs count as date rape drugs?
They include:
- “Roofies” (Flunitrazepam or Rohypnol)
- GHB
- Ketamine
What if the incident happened years ago?
Sometimes a person steps forward after 10 or more years have gone by to claim they were previously sexually assaulted. It used to be that these cases were inadmissible after 10 years, California’s statute of limitations. Since the sexual assault law reforms in 2017, however, there is no statute of limitations on sexual assault. That means:
- Any incident that happened since Jan. 1, 2017 can be prosecuted any time in the future.
- Incidents before that date are subject to the old 10-year limit, and may be dismissed if brought forward after more than 10 years.
What are the penalties for date rape in Los Angeles?
Penalties can include:
- Possessing a date rape drug with the intent to commit sexual assault: up to 3 years in prison.
- Date rape/sexual assault:
- 3, 6 or 8 years in state prison
- Prison time is mandatory in most cases (no probation or jail time instead), especially if the victim was unconscious or too intoxicated to give consent
- A fine of up to $10,000
- Lifetime requirement to register as a sex offender
- Status as a convicted felon
- You may have to pay restitution money to the victim
These penalties only apply if you are convicted. A good lawyer can defend your case—and potentially get it dismissed, get it reduced to a non-rape charge, or even win a verdict of Not Guilty. You need to talk to a lawyer immediately.
Talk to a Los Angeles Date Rape Lawyer for Free
Date rape accusations can be confusing, infuriating, and potentially life-changing. Don’t let one incident ruin years of your life. Let the Simmrin Law Group give you a FREE consultation. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.
