Date Rape

According to James Weick, a Florida Sex Offender Lawyer, the offense of rape is classified under sexual battery. Rape can be further classified depending on the relationship the alleged rapist had with the victim, the age of the victim and the perpetrator, and the extent of injuries suffered by the victim. However, in all instances of rape there are certain elements that remain same. First is the occurrence of sexual contact, secondly it happened without the consent of the victim, and lastly the perpetrator did the act forcibly or by threatening the use of force. – Sex Offender Lawyer Jim Weick, Broward

Definition of sexual contact according to sex offender lawyer Weick:

Sexual contact means penetration of victim’s vagina, anus, or mouth with the perpetrator’s sex organ or any object wielded by the perpetrator. Absence of victim’s consent is an important element of rape, and it can include the incapacity of the victim to give consent due to immature age, being under the influence of some drug, or having some mental disability. – Florida Sex Offender Lawyer Jim Weick.

Victim Regret Holds Little Weight According to Florida Sex Offender Lawyer Weick

A person cannot claim rape, if the sexual contact took place with consent, but later there was regret. A person also cannot claim rape took place unless the sexual contact was forced on them by use of force, threat or some substance to incapacitate bodily activity or mental cognition.

Although I understand the author’s point, I disagree in that the reader may be better served to learn that when it comes to consensual sex between parties that do not know one another that well and where drug and alcohol use is involved, people should always weigh the risks involved. Sex evokes a very powerful drive in us. It may also instill significant feelings of guilt and remorse. I have conducted significant research efforts toward understanding how these emotional triggers cause a person to assert such serious allegations against another. –Florida Sex Offender Lawyer Jim Weick

Date rape also called acquaintance rape is characterized by the fact that the victim was acquainted with the perpetrator, and could have even had prior sexual relations. As the name suggest the act can take place at a date or other social engagement, where the victim does not give consent to sexual contact and resists the act by verbal refusals or providing physical resistance.

In most date rape cases, the perpetrator, apart from force or threat, uses some drugs to subdue the victim or incapacitate their mental faculties. Some of the common date rape drugs are GHB (gamma-hydroxybutyrate) and rohypnol popularly called roofies. The Florida Legislature acted swiftly in enacting laws to combat medicated date rape offenses.

Date rapes are most common on college campuses, and are perpetrated mostly during social events, parties, and of course while on a date. Another characteristic of date rape is that the place and situation is usually considered relatively safe, and the victim is in a trusting relationship with the perpetrator, and hence does not have any inkling that there is any likelihood of an attack. –Sex Lawyer Weick.

Penalties

A person accused of committing date rape is charged with sexual battery, and the sentence depends on the age of the victim. If the victim is 18 years or older, date rape is considered a second degree felony, punishable with a prison sentence of up to 15 years. If the rape victim is below 18 years and above 12 years, it is a first degree felony punishable with a jail term of up to 20 years. Additionally the convicted person is declared a sexual offender, and their name is mandatorily included in the sexual offender register, which implies limitation of freedom and restrictions on where the person can stay and work.

Defenses

Date rape is a serious charge and if convicted the person can face a long prison sentence.

The accused person has certain defenses available, facts permitting, to establish their innocence including:

• Consent: To use consent as a defense the victim should have been more than 12 years old when the alleged act took place. Consent is the most common defense in date rape, as the two individuals knew each other and possibly even had prior sexual relations.
• False Accusation: In a close relationship, there are always reasons for making false accusations including jealousy, anger, and so on.
• Insufficient Proof: The burden of proof rests with the prosecution, and during the trial, the charges have to be proved beyond reasonable doubt to get a conviction. If the evidence is insufficient, the case may not be proved beyond a reasonable doubt.
• Broward Sex Offense & Investigation Handbook

If you or someone you know is being accused of date rape do not wait to contact our Criminal Defense Law Firm. We are always available to speak. (954) 523-5333

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