Date rape cases are rarely ever black and white. Like most sex crimes, date rapes often have very few if any witnesses outside of the accused and accuser. While in the legal justice system, an individual is innocent until proven guilty, the effects that an allegation may have on an individual can be immediate. Being accused of date rape can vastly discredit an individual’s reputation among the local community, and seriously taint relationships with family members, neighbors, and colleagues.
Battling a date rape accusation along can be confusing and overwhelming. Legal proceedings, especially for such a crime as date rape, can be long and complex, and it may feel as though you have already lost before it has even begun. That is why if you are facing a date rape allegation, you should seek out an impartial and skilled Mecklenburg date rape lawyer to guide through this process, and make sure your side of the story is heard.
Popularized by media, date rape is often associated with the use of drugs to incapacitate a victim who will later be used for sexual acts. It is not the case that drugs need to be used in order for a date rape to occur.
Date rape is named as such because it involves two people who are acquainted with one another whether that be as friends, formerly or currently in a relationship, or family members. While drugs are not required for a date rape to occur, it is more often than not the case that either drugs or alcohol incapacitated the victim to the point that they were not appropriately able to give their consent to any sexual act.
Depending on the severity of the crime, the punishments may include lengthier jail time. There are various statutes in Virginia law that address both rape and sexual offenses, all of which are felonies and range anywhere from 25 years to life in prison.
The punishments for a date rape conviction can be serious, which is why you will need a Mecklenburg date rape lawyer on your side to help fight for your rights and freedom.
It may seem like an uphill battle when accused of date rape, but always remember that the burden of proof to prove guilt beyond a reasonable doubt is on the prosecution. That means that they must prove that the sexual act was not consensual, and this is often hard to prove with just a “he said, she said” testimony. Therefore, a possible defense may be that both parties involved were equally as intoxicated or under the influence and that neither person refused to any and all of the sexual act.
A Mecklenburg date rape lawyer may be able to craft a strong defense, such as the aforementioned, to help you in your trial and mitigate if not dismiss your case.
The clock starts ticking as soon as an accusation and arrest occur, and it is crucial to not waste a second of it. The prosecution will immediately begin attempting to collect evidence to build a case against you. You should be proactive as well and acquire the expertise of a Mecklenburg date rape lawyer.
A strong and experienced defense attorney may be able to review your case, collect evidence of their own, and build a case to prove your innocence, but time is of the essence. Don’t wait, contact a Mecklenburg date rape lawyer today.