Date Rape

Date rape is a fairly common accusation in California. When you have been accused of this criminal offense, it can leave you facing jail time and other serious penalties. Unfortunately, these types of accusations can also threaten your reputation and career, leaving you labeled as a sex offender for the rest of your life if convicted. At The Justice Firm, our Los Angeles date rape defense lawyers work vigorously to provide clients accused of this sex crime with solid, effective legal counsel.

Sometimes referred to as acquaintance rape, this offense is described as non-consensual or forced sexual intercourse between two individuals who have been involved in a dating relationship, whether the relationship has only progressed to a single date, or the relationship has been ongoing. As experienced criminal defense attorneys, we understand how easy it is for one partner in a dating relationship to make false accusations against the other. While it may seem like a "casual" offense, it is treated like any other rape offense - prosecutors must prove you committed the crime in order to obtain a conviction.

Individuals who are charged with date rape often are confused as to why they were charged. In many cases, both individuals involved may not clearly remember the circumstances due to the use of alcohol or drugs. As the accused, your recollection of the events may not include any objection by the alleged victim in regards to sexual relations. However, the other person may not see things the way you do, and may decide to file charges. Sometimes, charges of date rape may stem from anger or revenge when problems develop in the relationship.

There are certain elements which must be proven by prosecutors in order to secure a conviction. Under California Penal Code section 261, the prosecutor must prove one of the following:

Penal Code 261 (a)(1) - The victim was forced into sexual activity by violence, force, or fear of bodily injury

Penal Code 261 (a)(1) - The alleged victim is incapable of legally giving consent due to a mental or physical disability

Penal Code 261 (a)(3) - The alleged victim was incapable of resisting due to an anesthetic or intoxicant being administered by the accused

Penal Code 261 (a)(4) - The victim could not give legal consent due to a state of unconsciousness

Penal Code 261 (a)(5) - The victim is coerced into believing that the individual with whom she engaged in sexual relations with is her husband

Penal Code 261 (a)(6) - The victim is threatened by the defendant with future retaliation

Penal Code 261 (a)(7) - Deportation or arrest of the alleged victim is threatened by the defendant

In California, date rape is a "strike" offense and a felony, like rape. If convicted, the penalties you may face include:

• Formal probation with up to one year in jail or three, six, or eight years in state prison if the rape did not involve violence or force
• A fine of up to $10,000
• If great bodily injury was sustained by the victim, you may be sentenced to three to five years additional prison time
• Potential of having a "strike" placed on your criminal record

Perhaps the most serious penalty of all is the requirement to register as a sex offender for life, as this will impact future employment opportunities, your current career, where you may choose to live, and more.

Accusations of date rape should be taken very seriously, as the penalties and negative consequences to your life are substantial. At The Justice Firm, our Los Angeles criminal defense lawyers are skilled, experienced, and dedicated to securing outstanding results for clients facing felony date rape charges. Whether you have been arrested or are under investigation, we urge you to contact our office today at 310-914-2444.