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 include 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. Instead, you need to talk to a Los Angeles date rape lawyer at Simmrin Law Group as soon as possible.
What Is the Legal Definition of Date Rape in California?
Under California law, there is no formal difference between “date rape” and other types of rape. Both are charged under the same statute, California Penal Code (CPC) § 261, 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)
Date rape cases are messy and can ruin lives. If someone you were involved with accuses you of date rape, do not continue talking to them or the police. Talk to a date rape lawyer in Los Angeles first.
Date Rape Is Sexual Intercourse With Someone Who Meets Specific Characteristics
Date rape is when someone has sexual intercourse with someone who cannot give proper consent under certain circumstances, such as:
- They have a mental or developmental disorder that the person committing the act knows about
- They are under the influence of an anesthetic or a controlled substance.
- They are unconscious or asleep.
- They are unaware of what is happening.
Date rape can also occur when someone uses violence, duress, or threats to force another person into having sexual intercourse.
For a free legal consultation with a date rape lawyer serving Los Angeles, call (310) 928-9347
Is Sex Automatically ‘Non-Consensual’ Just Because Someone is Intoxicated?
Legally, the answer is often yes. But of course, many couples choose to drink or use drugs together and then have consensual sex. The problem is that 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 soberer. 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, any consent they gave does not count, and the act is date rape.
- “Consent” may or may not count if the person chose to get 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.”.
This creates an unfair situation where one partner has no way of knowing whether the sex is consensual until the next day.
Los Angeles Date Rape Lawyer Near Me (310) 928-9347
What if I Was Dating or Married?
You can still be convicted of date rape if you’re in a relationship or married to the other person. 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 question about whether the person consented, your previous sexual relationship together can be used as evidence that it was consensual.
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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 evidence to help show the encounter was not predatory or to help establish that the other party was “voluntarily” intoxicated.
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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. GHB is quickly becoming one of the top recreational drugs used in clubs. But if you get 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 been applied to date rape drugs.
Possessing a date rape drug, such as Rohypnol, ketamine, or GHB, is automatically a felony if you intend to use it for sexual assault. If you did not intend to use it for sexual assault, you would face standard 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 Los Angeles date rape attorney who can convince the court of the actual reason why you had it.
Statute of Limitations for Date Rape Charges
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, there has been no statute of limitations on sexual assault.
Any incident that happened since January 1, 2017, can be prosecuted at 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?
If you are charged with date rape in Los Angeles, punishment for a conviction can be severe. Familiarize yourself with the penalties related to your charges:
- Possessing a date rape drug with the intent to commit sexual assault will result in up to three years in prison
- Date rape or sexual assault results in up to three, six, or eight years in state prison
- Prison time is mandatory in most cases, with no chance of probation or jail time in place of it, 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 on the California sex offender registry
- Status as a convicted felon
- You may have to pay restitution money to the victim
These penalties only apply if you are convicted. A skilled L.A. date rape lawyer from Simmrin Law Group can defend your case—and potentially get it dismissed, reduced to a non-rape charge, or even win a verdict of not guilty. You need to talk to a lawyer immediately.
If Found Guilty, You Have to Register as a Sex Offender
If found guilty of date rape, a harsh penalty is that you will have to register as a sex offender. Once you register as a sex offender, it impacts your life in many ways, such as:
- Where you can live. In some cases, the law prohibits sex offenders from living within a certain proximity of a school or park where children regularly gather.
- Where you can work. Many businesses will not or cannot hire someone who is on a sex offender registry. This is because of the danger it could impose on customers, coworkers, or anyone else they could come in contact with while at work.
- Losing custody of children. If someone has custody of their children and then registers as a sex offender, they could lose custody. Depending on the circumstances, the courts will determine if the children are still safe in their care. If not, the court could order supervised visits.
- The bias of loved ones. Once someone becomes registered as a sex offender, their friends and family could view them differently. Some might even withdraw completely and cut them out of their lives.
An attorney can help you avoid a conviction altogether, so you don’t have to worry about the repercussions of becoming a registered sex offender.
What Kind of Defense Can I Use?
When it comes to date rape charges, you can use various defenses to fight against them. Here are a few of the most common.
Lack of Evidence
One of the best ways to prove your innocence is to show that the prosecution and your accuser lack the evidence needed to show that any crime took place. Most cases can end up as a “he said she said” scenario, which doesn’t show beyond a reasonable doubt that you committed any crime.
If the prosecution can’t show the judge or the jury any concrete evidence, then your case can get thrown out. You won’t have to face any of the penalties. Our lawyers can review all the evidence presented against you and challenge them on your behalf.
False Accusations
False accusations are common. Your accuser may be lying for a multitude of reasons:
- To get revenge on you for a past transgression.
- To defame your reputation.
- To get leniency in divorce or family court.
Regardless of the reasons, our lawyers have the means to help you fight back against a false accusation. We won’t let the lies of another person ruin your life. There are legal options available to you that allow you to show that the allegations made against you are untrue.
Plea Bargain
Prosecutors can offer you a plea bargain on your charges. But, more often than not, they’ll offer reduced penalties or conviction of a lesser non-sexual crime instead. While you shouldn’t always resort to a plea bargain, it can be beneficial if going to trial is risky on both ends.
Always be sure to have an experienced sex crimes lawyer in Los Angeles look over the terms of your plea deal. It’s possible that the prosecution is just trying to resolve its case fast and get you to admit guilt. Our team will look over any plea bargain offered to ensure that you get a fair deal.
Can’t I Defend Myself in Court?
Yes, you can defend yourself in court, but we don’t recommend it. If you don’t have any legal knowledge, defending yourself can do more harm than good. Criminal law is complex, and fighting against a prosecutor that knows what they’re doing is extremely difficult.
When you hire a lawyer, you’re making the best investment possible to prevent harsh penalties from ruining your life forever. A date rape conviction can end your career, bar you from higher education, and turn you into a social pariah. Let our Los Angeles date rape lawyers help you contest your charges and fight for your innocence.
How Our Los Angeles Date Rape Lawyer Can Help Your Defense
On top of developing a proper defense strategy, a Los Angeles date rape lawyer with our firm can help someone accused of date rape in several ways. Date rape is a complex crime to prove. Many accusations of rape revolve around “he said she said,” meaning there can be very little evidence to back that up. Our attorneys can help to prove you did not commit the act someone accused you of.
False accusations sometimes happen because one party is angry at another. In these cases, it is critical to have an attorney who can immediately create a defense strategy. Once we begin working on your case, we can conduct our investigation, which can consist of:
- Looking for surveillance cameras or photographic evidence that can support your account of events.
- Locate and talk to witnesses who can corroborate your story. They can provide a second opinion of details that occurred.
The courts take rape charges very seriously. This is why hiring an attorney who has handled many date rape cases is important. Our attorneys have defended many people who have been accused of this crime and helped them move on with their lives by avoiding a charge.
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 Simmrin Law Group give you a free consultation. Contact us today to schedule an appointment with one of our Los Angeles date rape attorneys.
Call or text (310) 928-9347 or complete a Free Case Evaluation form