Anyone who gives another person alcohol or drugs without their knowledge, rendering them unable to consent to sexual intercourse and then has sex with them, could be charged with date rape in California. Although this is the most common depiction of date rape, a victim does not have to be slipped a “roofie” or other intoxicating substance for an act to be considered date rape. Even having sexual relations with a person who has willingly consumed enough alcohol or drugs to the point where they cannot provide consent can land a person time behind bars for date rape.

Following public outrage over Brock Turner’s lenient sentence for his multiple sexual assault charges in 2016, the California legislature declared state prison time mandatory in date rape cases. Therefore, if you have been accused of date rape, it is crucial that you partner with a criminal defense attorney as soon as possible. An Aron Law Firm date rape defense lawyer may be able to help mitigate the charges, or in some cases, have them dropped entirely.

What is Considered “Date Rape” in California?

“Date rape” is a term frequently used to define any nonconsensual sexual intercourse that involves people who are currently dating or who dated previously. Although a charge for date rape may sound less serious than a charge for rape, these two crimes are identical in the eyes of the California State Legislature.

California Penal Code 261 PC defines rape as sexual intercourse with a person who meets any of the following characteristics:

  • Is incapable of giving legal consent because they:
    • Have a mental disorder or developmental or physical disability known to the person committing the act
    • Are under the influence of an intoxicating, anesthetic, or controlled substance
    • Unconscious or asleep
    • Are not aware, knowing, perceiving, or cognizant
  • Has been forced by:
    • Violence
    • Duress
    • Menace
    • Fear
    • Threat

Since California law states that every act of sexual intercourse must be consensual, date rape can occur even in cases where the defendant and the alleged victim have previously engaged in sexual intercourse. Even married couples are not immune to date rape in California.

How an Attorney Can Help You Defend a California Date Rape Charge

An allegation for date rape is damaging even if no official criminal charges are filed. Being labeled as a rapist in any sense of the word can lead to lost friendships, professional opportunities, income, and other issues. If you suspect that someone may accuse you of date rape, do not engage in any further discussions with the accuser or the police until you have secured the protection of a criminal defense lawyer.

False accusations of rape have been made against romantic partners. Although there are countless reasons why a person may fabricate a date rape story, a few of the more common ones are that the accuser is:

  • Denying a consensual sexual encounter
  • Expressing anger or regret
  • Hoping for material or monetary gain
  • Looking for attention or revenge
  • Mentally unstable
  • Recounting false memories of sexual assault
  • Trying to gain leverage in a divorce or custody battle

Law enforcement officials have been known to convince date rape accusers to make “pretext calls” to trick defendants into making self-incriminating statements. An experienced attorney will know all of the tactics used by law enforcement, so do not speak with anyone about the situation other than your lawyer.

Defend a Date Rape Accusation in California with a Trusted Lawyer

If you are convicted of date rape, not only can you expect to serve time in state prison without the option of probation, but you will be forced to register as a sex offender for the rest of your life. Lifelong registry as a sex offender under California Penal Code 290 will forever hinder your ability to withhold a decent reputation, secure employment, hold some professional licenses, or find housing.

An Aron Law Firm sex crimes defense attorney can conduct an in-depth investigation into your case and uncover the facts needed to defend your date rape case effectively. Call (805) 500-7536 or submit a completed contact form to schedule a consultation to discuss your options with a California date rape defense lawyer today.