Accused? Contact a Las Vegas sex crime lawyer!
Date rape is not only one of the most common types of sex crime allegations, it is also one of the most common false allegations. Date rape is a term coined to describe rape by an acquaintance, stranger, or even a friend. Typically, this offense allegedly takes place while two people are on a date, at a party, at a bar, or in a similar situation. Perpetrators use drugs or alcohol in order to inebriate their victim for the purpose of having sex with them without their consent. In order to constitute lawful sexual activity, one of the major requirements is consent. Without complete consciousness, a person cannot give their consent; therefore, the act can be considered rape.
In a survey of a group of sexual assault victims, 1 out of every 5 victims believed that they were intentionally drugged or intoxicated by their “attacker.” Understanding that an entire 20 percent of assault victims believe that they were the victims of date rape shows just how common this allegation can be. If you have been accused of date rape, it is important to secure legal counsel immediately. Our team of criminal defense attorneys are extremely experienced with these types of cases and can provide you the aggressive defense that you need to combat these allegations.
Date Rape Drugs
Statistically, alcohol is more commonly used than drugs in date rape cases, but drugs that have come to be classified as “date rape drugs” can have a much stronger affect. Again, according to statistical data, date rape victims were asked of any drugs they believed to be in their system. The most common drugs that the victims had no knowledge of were marijuana, cocaine, and amphetamines. When these or other “date rape drugs” are used to have sex with an individual, this act can be referred to as “drug-facilitated sexual assault” (DFSA). This act has even been called “predator rape.” Date rape drugs are administered without the victims knowledge by means of food or drink, for which reason these drugs are typically odorless and tasteless.
In this type of situation, there is much room for false allegations. If a victim is unconscious, then they have little information on which they can base a claim. For example, if an individual wakes up in a strange place, they may believe that someone drugged them and assaulted them.
However, there could be many reasons for ending up in a situation such as this. In order to substantiate a date rape claim, it is important that the alleged victim receives a comprehensive medical examination to determine what drugs or other substances may have been in their system and whether or not there is evidence of sexual activity / assault.
In 1996, President Bill Clinton signed the “Drug Induced Rape Prevention and Punishment Act” into law. This bill outlawed the drug “Rohypnol” which are popularly known as “roofies.” In 2000, another common date rape drug was banned: GHB. These are now both Schedule I narcotics.
Your Premier Criminal Defense Attorneys
Okabe & Haushalter can help if you have been accused of date rape. The penalties are serious and have the potential to seriously harm your future. For example, you could be required to submit your name to the sex offender registry for lifetime registration. You have the right to an attorney and the right to a strong defense. There are many possible defenses if you are being accused of date rape. For example, a defense could be that the alleged victim was voluntarily under the influence of drugs or alcohol. To learn more, get in touch with our firm.
Drug-Facilitated Sexual Assault (DFSA)
When accomplished by drugs, date rape is referred to as drug-facilitated sexual assault (DFSA) or predator rape. In a statistical analysis of date rape victims, the victims were asked what drugs or beverages may have been in their system at the time the rape occurred. Out of the victims surveyed, the most common drugs that the victims were not aware of were marijuana, cocaine, and amphetamines. This, however, does not necessarily mean marijuana, cocaine, and amphetamines were intentionally used by predators for the purpose of assaulting their victim.
Individuals might believe they were the victim of date rape based on:
- Waking Up In An Unfamiliar Place;
- The Presence Of Bodily Fluids; And/Or
- Disheveled Clothing And Bruises.
While this eevidence could indicate a sexual assault, they could potentially indicate consensual sex as well. This evidence alone is not enough to prove that drug-facilitated sexual assault occurred. There must be proof that a sexual encounter occurred, but there must also be proof that the victim did not give their consent and they were drugged or intoxicated against their will.
In 1996, President Bill Clinton signed into law the Drug-Induced Rape Prevention and Punishment Act which outlawed the use of Rohypnol or “roofies” making it a Schedule I drug on the Uniform Controlled Substances Act. Four years later, GHB was also banned and made a Schedule I drug. Both Rohypnol and GHB are commonly used for the purpose of DFSA. If either of these drugs were found in a victim’s bloodstream, this could serve as strong evidence of date rape.
Possible Defenses Against Date Rape Allegations
One potential defense against date rape allegations is that the victim actually gave their consent. With consent, the act is no longer seen as rape in many cases. Unfortunately, sometimes even when consent is proven the date rape charges could still stand. Another possible defense is that the victim voluntarily and willingly took the drugs or became intoxicated. To learn more about the possible defenses in date rape cases, please call our firm directly and speak with an attorney. Our team of skilled Las Vegas sex crime lawyers can fight to see that you are not wrongfully convicted. The penalties are severe, and can dramatically impact the course of your life.
To learn how our firm might be able to assist, call today.