Date rape is a criminal offense no less serious than any other sexual assault. However, “date rape” often occurs in a particular situation where both parties may be uncertain or confused about what actually occurred during the sexual encounter.
If you’ve found yourself in such a situation, especially if you are a college student, you may be charged with date rape. Society considers these crimes to be some of the most heinous of charges. If you’re facing these charges, you need an aggressive Logan date rape lawyer to help you with your case. I am a trustworthy sex crime defense attorney who fights hard for you in court.
Technically, “date rape” is simply rape or sexual assault (Ohio Revised Code § 2907.02). The law has no separate section for “date rape” but it has become a common term for a sexual assault that happens during a casual encounter where the individuals know each other slightly (hence the “date”).
The definition of rape includes requirements that the offender have forced or coerced the victim into sex, or that the victim be unable to consent due to intoxication or other impairment. There is no section that discusses what should be done if two parties initially engaged in consensual sex and then one party changed their mind. As a lawyer representing defendants in Logan, I make sure you understand where the charge of date rape stems from, and what defense options are at your disposal.
I often see date rape allegations in college settings, especially after large parties and Rush Week, but they can happen anywhere, at any time. Three factors are often in play when date rape allegations are made:
When two young people are placed in a situation where they’re expected to have sex, there’s a decent chance that they will, and one or the other might regret it the next day. This sets the scene for an accusation of date rape.
ORC § 2907.02 and Section 2907.05 require either force or intentional intoxication for a crime to have been committed. That means, the perpetrator must have incapacitated the victim with the intention of sexually assaulting them. Just because the victim was intoxicated does not satisfy this element.
Many date rape allegations begin with a belief that because the victim was drinking at a party, any sex was therefore sexual assault. Unless they can show they were forced to drink after they tried to stop, or that a narcotic was placed into their drink (which is an element of forcible rape), then it was not rape.
Colleges have had to become proactive about instructing students about sex and consent, leading to confusion about what actually violates the law. More experienced adults would know when someone was expressing non-verbal consent. Younger people often do not.
If you are accused of date rape in Logan, OH, your two options for your defense are either that the event did not happen at all, or that the encounter was indeed consensual. Even if someone turns around and claims you took advantage of them, there may be ways to prove this was not what occurred.
Date rape charges can end your academic career and professional life, even if the charges are unfounded. If you are convicted, you may spend time in prison and have to register as a sex offender. You need an aggressive criminal defense attorney who can review the charges and protect your civil rights. I will review your case and the evidence to defend you against the allegations and make sure the judge, jury, and prosecutors know the full story. Call my office today to see what I can do on your behalf.
Stepfather was accused of Rape and GSI by stepdaughter shortly after wife/mother filed for divorce. Despite the timing of the allegations, the Stepfather was indicted on 6 counts of Rape and 6 counts of GSI alleging sexual abuse 2 years prior. At trial, Andrew elicited over 150 “I don’t know” responses from the alleged victim during cross-examination. The phrase “I don’t know” was the ringing mantra of Andrew’s closing argument. The jury returned a verdict of Not Guilty on all charges after only 30 minutes of deliberation.
