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Defense Against Date Rape Charges

Accused? Contact a Las Vegas sex crime lawyer!

Date rape is not only one of the most common types of sex crime allegations, it is also one of the most common false allegations. Date rape is a term coined to describe rape by an acquaintance, stranger, or even a friend. Typically, this offense allegedly takes place while two people are on a date, at a party, at a bar, or in a similar situation. Perpetrators use drugs or alcohol in order to inebriate their victim for the purpose of having sex with them without their consent. In order to constitute lawful sexual activity, one of the major requirements is consent. Without complete consciousness, a person cannot give their consent; therefore, the act can be considered rape.

In a survey of a group of sexual assault victims, 1 out of every 5 victims believed that they were intentionally drugged or intoxicated by their "attacker." Understanding that an entire 20 percent of assault victims believe that they were the victims of date rape shows just how common this allegation can be. If you have been accused of date rape, it is important to secure legal counsel immediately. Our team of criminal defense attorneys are extremely experienced with these types of cases and can provide you the aggressive defense that you need to combat these allegations.

Date Rape Drugs

Statistically, alcohol is more commonly used than drugs in date rape cases, but drugs that have come to be classified as "date rape drugs" can have a much stronger affect. Again, according to statistical data, date rape victims were asked of any drugs they believed to be in their system. The most common drugs that the victims had no knowledge of were marijuana, cocaine, and amphetamines. When these or other "date rape drugs" are used to have sex with an individual, this act can be referred to as "drug-facilitated sexual assault" (DFSA). This act has even been called "predator rape." Date rape drugs are administered without the victims knowledge by means of food or drink, for which reason these drugs are typically odorless and tasteless.

In this type of situation, there is much room for false allegations. If a victim is unconscious, then they have little information on which they can base a claim. For example, if an individual wakes up in a strange place, they may believe that someone drugged them and assaulted them.

However, there could be many reasons for ending up in a situation such as this. In order to substantiate a date rape claim, it is important that the alleged victim receives a comprehensive medical examination to determine what drugs or other substances may have been in their system and whether or not there is evidence of sexual activity / assault.

In 1996, President Bill Clinton signed the "Drug Induced Rape Prevention and Punishment Act" into law. This bill outlawed the drug "Rohypnol" which are popularly known as "roofies." In 2000, another common date rape drug was banned: GHB. These are now both Schedule I narcotics.

Your Premier Criminal Defense Attorneys

Okabe & Haushalter can help if you have been accused of date rape. The penalties are serious and have the potential to seriously harm your future. For example, you could be required to submit your name to the sex offender registry for lifetime registration. You have the right to an attorney and the right to a strong defense. There are many possible defenses if you are being accused of date rape. For example, a defense could be that the alleged victim was voluntarily under the influence of drugs or alcohol. To learn more, get in touch with our firm.

Okabe & Haushalter
Las Vegas Criminal Defense Attorney

Located at:
600 S. Tonopah Dr.
Suite 220
Las Vegas, NV 89106

Phone: (702) 508-0990

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