Thursday, 31 March 2011

Date Rape Defense Can Be Complicated

The very definition of date rape makes defense of such offenses much more complicated than other types of sexual assault. Date rape is forced sexual conduct between two people who are known to each other. These people are familiar to each other, may have a social association, and could even be in a romantic or even sexual relationship. The fact that the two people were known to each other, and could have been involved in a sexual relationship or a social relationship, is not a defense to such charges.

Van Nuys date rape defense attorneys
say that accusations of date rape are oten made when the woman in question had too much to drink, passed out, and therefore, does not remember giving consent to any sexual encounter. The woman in a situation like this is likely to allege that she didn't give consent to sex, and had a drug slipped into her drink.

Not all date rape cases involve allegations of drug use. Any sex that involves two people who are known to each other and the woman alleges she did not give consent to sex, can be classified as a date rape. Van Nuys date rape defense lawyers often come across cases where women make such allegations to lie their way out of a situation when they have been caught cheating on their spouse or boyfriend. In other cases, women may make accusations of date rape in order to get back at the alleged offender.

What makes date rape defense even more complicated is that whether the defendant engaged in sex with his victim is not a topic of contention. It is assumed that the two had sex. The only issue is whether the victim gave consent. Unfortunately, law enforcement officers very often may give credence to a victim’s account of events, and may make few efforts to complete investigations into the credibility of the victim’s story. Such actions can end with serious consequences for the person charged with date rape.

No comments:

Post a Comment