Date rape is a term that we hear a lot in today’s world. Individuals who are subjected to this act are entitled to legal recourse. Unfortunately, not all date rape accusations made in Pomona are supported by the truth.
You can get legal help if you are accused of date rape by contacting the Simmrin Law Group. Our date rape lawyers in Pomona can help you build a strong defense to this serious sex crime accusation. Let us take steps to defend you in and out of the courtroom, starting right now.
Focus on the Definition of Date Rape
If someone mentions date rape, you probably have a pretty good idea of what they are talking about. Date rape, as it is generally understood, involves a non-consensual sex act between individuals who:
- Know one another
- Are sexually involved, dating, or married
- Met while at a social gathering
However, you should be aware that there is not a charge for date rape in California. This form of sexual assault is prosecuted under Penal Code Section 261: Rape. Acts of rape – including date rape – are felony-level offenses in California, so it is very important that you get immediate help from a criminal defense lawyer in Pomona following an accusation.
For a free legal consultation with a lawyer serving Pomona, call (310) 896-2723
Consent and Date Rape Charges in Pomona
As we mentioned, date rape involves a non-consensual sex act between people who are acquainted or in a relationship with one another. Individuals give consent if they agree to participate in a sexual encounter. The court system in Pomona may decide that an individual did not consent if they were:
- Unconscious or asleep
- Intoxicated or drugged
- Threatened or forced
Note also that consent to one sex act is generally not considered consent to future sex acts in the state of California. The sex crimes lawyers at the Simmrin Law Group can work to demonstrate that you had consent if you were accused of date rape in Pomona.
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Date Rape Drugs and Criminal Charges in Pomona
You should also be aware that there are certain drugs associated with date rape in California. These illicit substances can include:
- Ketamine
- Flunitrazepam
- Rohypnol
- Gamma Hydroxybutyric Acid (GHB)
You could face felony charges if you are found with these drugs, even if you did not attempt to use them on someone else. However, a professional drug crimes lawyer in Pomona can work to show that:
- You intended to personally use these drugs
- You had a legitimate prescription for the substances
- The substances were found in an unlawful police search
Let the team at the Simmrin Law Group take steps to reduce the charges you are facing if you are found with a date rape drug in Pomona.
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The Results of a Date Rape Conviction in California
As we mentioned earlier, date rape is prosecuted as all other acts of rape in California under PC 261. This means that, if you are convicted, you could face:
- Fines of up to $10,000
- High restitution payments to the victim
- Up to eight years in state prison
You will also have to register as a sex offender in the state of California is you are convicted of rape. Note that a conviction for the possession of date rape drugs is a serious crime that could also lead to three years of time in prison. These severe penalties make it very important that you reach out to a date rape lawyer in Pomona as soon as you are arrested.
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Construct Your Defense with a Date Rape Lawyer
The professionals at the Simmrin Law Group understand what it takes to help clients in your position. We can work to show that:
You Engaged in a Consensual Sex Act
Rape is a sex act where not all parties offer their full consent. However, if you engaged in a sex act with a person who consented at the time, you should not be charged with date rape, even if the individual regrets what happened in the morning.
You Were Falsely Accused of Date Rape
False accusations of date rape can happen in Pomona. Sometimes, individuals make false date rape accusations after a breakup or if they were cheated on. Regardless of the individual’s motivation, a criminal defense lawyer can help protect you from these accusations.
Call a Pomona Date Rape Lawyer Today
You can get help handling a date rape accusation by contacting the Simmrin Law Group right now. Our date rape lawyers in Pomona are here to start building your defense. Complete our online contact form or call (310) 896-2723 to learn more.
Take charge if you are accused of date rape by contacting us today for a FREE case evaluation.
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