Date rape is still an all-too common occurrence. And in a social setting, it’s easy to be wrongfully accused of it. Juries are quick to judge, and justice is often left by the wayside in these cases. But a Tustin date rape attorney can fight for your rights if you’re facing charges for this crime.
Simmrin Law Group believes you have a right to a defense and work to fulfill that for every one of our clients. We know that you have a side of a complex story that needs to be told. With our help, you can have the best chance at defending yourself in court and successfully clearing your name.
What Is Date Rape?
Date rape is a form of rape that often occurs when the victim is given too much of an intoxicant. There is no specific section in the Penal Code that cites “date rape,” but it does fall under California Penal Code § 261 et seq. Rape can occur when the victim is asleep, unconscious, or unable to resist due to mind-altering substances.
While many date rapes involve alcohol, some also include substances such as GHB (gamma-hydroxybutyric acid) or Rohypnol (flunitrazepam, or “roofies”), which can render the victim unconscious. Sometimes, date rape doesn’t involve intoxicating substances at all. Date rape isn’t a formal legal term, but is still treated as rape under the law.
For a free legal consultation with a date rape lawyer serving Tustin, call (310) 896-2723
Consent and Date Rape
Date rape usually occurs when the victim is unable to consent to sexual relations, often due to an intoxicating substance they have ingested. As date rape is an informal term, it may also occur without the use of intoxicating substances. Consent by the invovled parties is required for sexual relations to be legal, except in the case of minors, who cannot consent.
While many date rapes occur when the victim is involuntarily intoxicated, it may also occur when the victim is voluntarily intoxicated. This latter type of case can be especially murky, and it can take an intense investigation to determine the truth of the matter. Should you be accused of rape in the case where the victim was voluntarily intoxicated, you’ll need an ironclad defense.
Tustin Date Rape Lawyer Near Me (310) 896-2723
What to Do if You Are Accused of Rape
If you’re accused of rape, it’s vital that you seek out legal counsel with a Tustin date rape attorney immediately. Do not communicate with your accuser or with police.
At this stage, both will try to extract a confession from you or something that could be construed as indicating your culpability. Any conversation you have with both parties could be recorded and used against you in court.
If you are involved in an ongoing relationship with someone, you still need their consent to engage in sexual intercourse with them. Many rapes occur within relationships because one partner did not receive consent from the other. However, the existence of the relationship also means that false accusations of date rape can occur if one partner is jealous of the other.
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What Is the Punishment for Date Rape in California?
You could face serious legal penalties if you’re convicted of rape, including the following:
- Three, six, or eight years in prison
- Fines of up to $10,000
- Registration as a Tier 3 sex offender
- Addition of one strike to your record
A date rape conviciton can leave a lasting scar on your permanent record and upend your life. You could face a lengthy prison sentence and an unending stigma with a lifetime registration as a sex offender. With Caliofnria’s “three strikes” policy, you could also be facing a life sentence. This makes it vital to fight a date rape charge with everything at your disposal.
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Get a Date Rape Defense Lawyer in Tustin
At Simmrin Law Group, you can find a Tustin date rape defense attorney who is dedicated to the successful outcome of your case. We fight for the underdog at our law firm and realize you may have trouble finding someone who is willing to take on your case. We’re here to defend your rights and will ensure that you receive the representation you need for a fighting chance.
Call or text (310) 896-2723 or complete a Free Case Evaluation form