Fighting For My Reputation

Defenses That You Should Use After A Date Rape Claim

27 December 2018

Luke Warren

While you never want to minimize someone who feels as though she has been raped, you'll definitely need to hire an attorney and establish a strong defense if a partner has accused you of date rape. A conviction for date rape can lead to a number of serious consequences for you, including jail time and being placed on the sex offender registry. Additionally, your reputation will suffer in your community, and you may find that it's difficult to get work. If someone has accused you of date rape, here are some defenses that you should develop with a criminal defense lawyer.

No Knowledge Of Intoxication

Some date rape cases occur when a woman has been drinking, engages in sexual intercourse with a partner, but then wakes up afterward and regrets the situation. Having sex with someone who is intoxicated is generally a bad idea, but part of your defense may be that you weren't aware of the person's intoxication. For example, it may be the case that you didn't drink together. Rather, the person drank with friends or roommates and was intoxicated by the time she met you. The friends or roommates, in this scenario, can be valuable witnesses to the fact that your partner became intoxicated before you arrived.

She Sent Explicit Texts

In a date rape case, the victim may suggest that she did not wish to engage in sexual intercourse with you and that you had sex against her will. You'd likely counter this by saying that you believed the sex to be consensual. This can be a difficult position because you're both making opposite statements and you don't want to risk the court siding with the victim. You may bolster your defense by being able to show that the woman sent explicit text messages to you that showed that she wished to engage in intercourse.

You've Had A Lengthy Sexual History

Just because you've had a lengthy sexual history with someone doesn't automatically mean that you can't have a sexual encounter that is against her will, but it may be useful in helping you to build a defense to your charges. If you can outline the approximate number of sexual encounters that you've had, it can show that you've often had consensual sex with this person. Your attorney may then be able to build a case that argues you aren't someone who would perform the egregious sex crime of date rape.

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