San Diego Criminal Lawyers Blog
After a date that led to physical intimacy—intimacy that you thought was consensual– the partner involved has reported a completely different scenario than what you remember, and you’ve been charged with rape. How could this happen, and what does it mean for your future?
California Penal Code
According to California statute, there is no real difference between a date rape—one that occurs between people who know one another and are friends or romantic partners– and the sexual assault that occurs when unknown assailants attack random victims in dark alleyways. Simply knowing someone does not give one the legal permission to engage in sexual intercourse if the other person cannot or does not give their willing consent.
What is Consent?
Consent is the free agreement among parties to engage in sexual activity. It cannot occur in certain situations, including:
- When a minor is involved;
- When incapacitation due to alcohol consumption or drug use is a factor;
- When threats or intimidation are a factor;
- When one party is unconscious;
- If the power differential between the individuals is seriously lopsided, as in between a teacher and student, for example.
Enthusiastic Consent
When assumptions are made based on what a person is wearing or the ways in which they are flirting, it can lead to serious mistakes. In the latest models relating to relationships, the goal for understanding is enthusiastic consent, which means there’s a clear “yes,” not simply the lack of a “no.” While smiles, eye contact, and body language are all part of the signaling system that may establish moving forward is okay, it’s important to get clear verbal affirmation, as well, particularly when you are with someone you don’t know well. And never forget that a person is legally able to change their mind at any point.
Date Rape Drugs
In some situations, individuals determine that they have been raped based on the fact that there is no memory of a block of time and because they may have indications that they have been engaged in sexual activity. Date rape drugs may have been slipped into food or drinks in order to prevent a victim from resisting. Some of the most common drugs used in this way are Rohypnol (Roofies), Ketamine, and Gamma-Hydroxybutyric Acid (GHB), but there are many others out there. If evidence of these substances, along with other clues, are discovered in a forensic exam, it can go a long way toward a rape conviction.
A Strong Defense
Rape is a serious charge, and it would be a mistake to fool yourself into thinking that simply because you knew or even had a relationship with your accuser, you will automatically be in the clear. What you need is a vigorous defense. At Boertje & Associates, our experienced criminal defense attorneys are determined to achieve the best possible outcomes for you. Schedule a confidential consultation in our San Diego office to discuss your situation today.