Date rape is any situation where a person gets 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 get 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 the Simmrin Law Group as soon as you can.
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 get 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.
For a free legal consultation with a Criminal Defense 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, 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, 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.
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What if I Was Dating or Married?
You can still be convicted of date rape even 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 or not 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 get 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 that 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 applied to date rape drugs. Possessing a date rape drug, such as Rohypnol, ketamine, or GHB, 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 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 ten or more years have gone by to claim they were previously sexually assaulted. It used to be that these cases were inadmissible after ten years, California’s statute of limitations. Since the sexual assault law reforms in 2017, there is 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 ten-year limit and may get dismissed if brought forward after more than ten 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.
What Kind of Defense Can I Use?
When it comes to date rape charges, there are various defenses you can use 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 of 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, they 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 their 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 this isn’t recommended. 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.
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. 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