What to do When Accused of Date Rape
Never in a million years did you imagine you’d be labeled as a rapist! You were just having a good time—both of you—or so you thought. When you heard through the grapevine that you were being accused of pushing things too far, you honestly couldn’t believe it. Clearly, this is no small matter. And when charges were actually filed, the idea that you were being accused of date rate sunk in. And while society often views date rape as a lesser sin than rape by a stranger, you should know that sexual battery, a second degree felony, can put you behind bars for years. The fact that you two knew one another before the encounter is beside the point legally, and you will be required to register as a sex offender when you get out if the charges stand. Even if charges are dropped or you’re found not guilty, the harm to your reputation, not to mention the emotional devastation of such charges, regardless of the outcome, cannot be overstated. These are consequences that no one wants to live with. If you are facing these charges, now is the time to get an aggressive criminal defense attorney who will fight for your rights.
Understanding Consent
Florida law requires that both parties are intelligent and knowing (and of age) in order to consent to sexual activity. Someone who is incapable of understanding their decisions and conduct is considered mentally defective, either temporarily or permanently. If one party is drunk, impaired, handicapped, unconscious, or otherwise unable to consent, and sexual activity occurs, it can be deemed a rape. Chances are that DNA evidence won’t be a major factor in the case, assuming you both stipulate that a sexual encounter occurred. Instead, the big question in this type of case will center around consent. If your accuser had a medical exam– called a rape kit– done, the results will be scrutinized to determine whether either party’s claims can be substantiated. It will be one more piece of the puzzle in court. Conversely, if there was no physical examination, the case will rely more heavily on witness testimony, communication records, and other circumstantial evidence attorneys can use to build their case.
After the Fact
As soon as you know there’s a difference of opinion as to what occurred during the incident in question, play it smart:
- Do not discuss the case with anyone. They may have to testify to anything you share.
- Get off of any and all dating sites. Do not engage in communications with anyone on such sites. Because these are “blind” communications you really can’t be sure with whom you’re speaking—someone who actually likes your profile or someone who works for the prosecution!
- We will analyze the facts at hand and build a case on the premise that there was a misunderstanding or that your accuser is straight up lying. That will require an investigation into any omissions and/or discrepancies in your accuser’s story and underscoring those issues in your defense.
Protecting Your Rights
The tough, knowledgeable Kissimmee and Orlando criminal defense attorneys at Salazar & Kelly Law Group know that charges like this can have a disastrous impact on your life, and we are ready to go to bat for you. To discuss, schedule a confidential consultation in our office today.
Source:
miamidade.gov/global/police/date-rape.page
