Date rape is a colloquial term to describe somebody raping an individual who is under the influence of drugs and/or alcohol. Under these circumstances, the intoxicated individual is unable to give consent, leading to allegations of sexual assault.
This is a very serious sex crime that requires the assistance of an experienced defense attorney, especially one with a track record of defending sex crimes. An Alameda County date rape lawyer could help you fight these allegations and maintain your innocence.
The primary difference in a date rape case compared to another sexual assault allegation is there needs to be the presence of an intoxicating substance. This could be any controlled or anesthetic substance that could cause an effect that can prevent somebody from resisting an assault. Another unique element is that the defendant needs to either have known or should have known that the effect of this substance was preventing resistance.
Unfortunately, these cases can be difficult to secure credible evidence. A lot of the time, one or both of the people involved do not remember what happened due to the use of intoxicating substances. This means that a local lawyer must rely on physical evidence rather than testimony of a date rape.
Assuming the person reports the rape quickly enough, he or she would do a medical analysis to search for bodily fluids and semen, as well as DNA tests on those substances to determine who committed the sexual act – typically called a “SART Exam.” However, that does not help with the issue of consent. In other words, whether or not the interaction was a consensual.
Other physical evidence an attorney might look for are surveillance cameras, receipts from bars or clubs, and witness statements to piece together a timeline. This includes determining what substances and how much of them the involved parties took and developing a strong defense based off this information.
Someone convicted of raping someone who was under the influence would face up to eight years in prison, sex offender registration, and serious immigration consequences. Generally, the penalties for a date rape are the same as for other sexual assault cases, unless it involves a minor. However, one difference is that a date rape conviction is not considered a violent felony although it is still considered a serious felony and a strike and can result in lifetime sex offender registration. It is important to work with a skilled defense attorney in Alameda County when facing date rape allegations.
There is a lot an experienced attorney could do to help early on in the process if somebody is accused of date rape. This includes preserving evidence, suppressing inadmissible evidence, securing exculpatory testimony, and building a strong defense against these allegations.
This is a serious crime that could have devastating personal and professional implications if convicted, and the prosecution will do everything in their power to reach a guilty verdict. Therefore, you should be sure to enlist the trustworthy guidance of an Alameda County date rape lawyer.
Our team of hardworking attorneys could work hard to protect your best interests. Call today and schedule your initial case consultation for free.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
