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What is Considered Date Rape In California?

Posted in Assault FAQ'S,California Law,Sex Crimes on February 28, 2022

The simplest way of defining the term date rape is sexual assault perpetrated by an acquaintance similar to date is still rape. You will find that most states do not use the word “rape” anymore but rather refer to it as a sexual assault, battery, or conduct crime. Regardless of how it is labeled though, it is a crime defined by and punishable under state law. 

Given this information, rape differs from state to state but nonetheless is still described as sexual intercourse without the consent of one of the parties involved. The Riverside date rape attorney at Graham Donath, Law Offices, APC can defend charges levied against you.

Who Can Commit Date Rape?

It is important to know that rape doesn’t always involve force or violence. It can occur in plenty of other ways. For instance, the victim might refuse or be unable to consent to sexual intercourse for various reasons. This includes physical or mental disabilities.

Just because there appears to be a relationship between the victim and the offender, it doesn’t negate the crime. Anyone can be raped by an acquaintance, friend or even relative. Whether or not the victim knows their assailant has nothing to do with the legal definition of rape.

What is the Difference Between Date Rape and Acquaintance Rape?

Over the years, Graham Donath law offices have studied data that suggest a vast majority of women who have reported being raped say that they knew their rapist. Date rape is basically a way of describing sexual assault by an individual involved in a romantic relationship with the victim. There have been common misconceptions on date rape, that it was forced which isn’t necessarily true. As previously mentioned, force is not an essential aspect of the legal definition of rape. 

The other social problem with the phrase date rape is that it references women being expected to resist sexual advances. These stereotypes have continued to persist in the context of date rape like when someone accompanies their date home might have a much more difficult time convincing law enforcement or a jury that rape occurred. There are many contributing factors that can either deem an allegation as credible or not.

What Are Some Penalties For Rape?

A majority of states consider rape or sexual assault to be a felony offense. When it comes to felonies, they are punishable with prison time ranging from one year to life imprisonment. Actual penalties depend heavily on the situation of the crime. If the victim was a minor, intoxicated, physically or emotionally disabled, or forced by an authority figure will all factor into the punishment. The offender must also register as a sex offender with prison and fines.

The Defenses to Date Rape

If an individual who is charged with a crime of sexual assault can prove that the other person consented to the sexual contact, they will then be acquitted. Although if the victim is under the legal age of consent or mentally incapable, the defense of consent will not be available to the individual charged.

The relationship between the victim and offender in a date rape case is quite complex compared to a stranger rape case. Questions regarding legitimate misunderstandings, when consent began and ended, or even a lack of communicated consent play a vital role in a date rape case. 

Contact a Criminal Defense Attorney Today

If you have been charged with date rape, contact a Riverside date rape attorney immediately. Contact us online or call the office of Graham Donath, Law Offices, APC, at (714) 758-5293 to schedule a consultation.