2 instances when you can be charged with date rape in Florida
Being accused of sexual assault is a big deal. Besides a long prison time, a ruined reputation and a slot in the sex offenders’ register, a conviction can also impact other aspects of your life like your career and ability to rent a property. And if you are not a citizen, you may be removed from the country.
Unfortunately, it is not uncommon to be accused of sexual assault. And sometimes, this accusation can happen following what you genuinely believed to be a consensual encounter. This is known as date rape.
Understanding date rape
Consent is a vital component of any sexual encounter. Without consent from either party, the end result would be a crime known as sexual assault. Specifically, date rape is a term used to refer to any sexual assault that is committed by an individual known to the plaintiff.
Like most sexual assault accusations, date rapes eventually boil down to each party’s account of what transpired. That said, here are two encounters that can amount to date rape:
If alcohol is involved – Legally speaking, an inebriated individual does not have the mental capacity to consent to a sexual act. Likewise, an individual cannot consent to sex if they pass out after drinking or using intoxicating drugs. In other words, if you go out to a birthday party, use drugs and alcohol and wake up in bed with someone, you will have a difficult time proving that they consented to the sexual encounter.
If there are traces of date rape drugs in your accuser’s system – when a person files a rape report, part of the investigation will often involve subjecting them to a range of medical examinations. One such examination involves checking for traces of date rape drugs like Rohypnol, Valium and sleep aids in their system. A positive result would most likely indicate that they were drugged, and this can complicate your sexual assault case.
A lot is at stake if you are accused of sexual assault. If you are accused of date rape, it is in your best interest that you take the accusation seriously and explore your defense options.
