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San Jose Date Rape Attorney

Dating in the 21st century can be complicated. Online dating services, social messaging sites, drugs, alcohol, and Internet porn can all muddy the waters of what is acceptable and not acceptable when getting intimate with your partner. If you’ve been accused of date rape, contact our San Jose date rape attorney for help.

Recently, the State of California attempted to clarify things a bit with the passage of the landmark “Yes means Yes” law in Government Code section 67386. This law mandates that California post-secondary schools, public and private, that receive state money for student financial aid, require their students to get “affirmative , conscious and voluntary agreement to engage in sexual activity.”

Essentially, the new law requires:

“An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.”

This law requires affirmative consent to sex—and not simply the denial or resistance of sex as previous laws implied. If a person is unable to give their consent to sexual intercourse—then it is rape.

Unfortunately, not all charges of date rape are factual and many are brought out of fear, remorse, or jealousy. When this occurs, innocent men and women can be arrested and charged with date rape—a sex crime that can have lifelong consequences. If this is the case, contact our seasoned San Jose date rape attorney for guidance.

But we’re dating! How can it be rape?

California Penal Code 261 identifies date rape as “nonconsensual sexual intercourse that takes place between two people who were dating or voluntarily spending time together.” Previously having sex or being in a sexual relationship is not a defense against these charges. Both persons must consent to the sexual act each and every time. If your partner was incapacitated, drunk, or unable to consent at the time, then you can be charged with date rape—even if he or she had previously consented to sexual intercourse.

For example:
Jim and Susan were on their first date and drinking with friends at a local bar. At the end of the night, Susan went back to Jim’s apartment where they began kissing and getting intimate. Susan, who had too much to drink, passed out after just a few minutes. While she was passed out, Jim pulled her pants down and began to have sex with her. Under California’s date rape laws, Jim would be guilty of date rape.

Date Rape Drugs

There are numerous drugs sold on the black market that renders a victim unable to fight off a sexual encounter. These drugs, also known as date rape drugs, work by causing a victim to pass out or lose consciousness and they are easily slipped into drinks at bars and parties. Some of these drugs include:

  • Rohypnol – also known as roofies or mind erasers
  • GHB – also known as Liquid Ecstasy, cherry meth, or easy lay
  • Ketamine – also known as Special K or Purple

Penalties and Consequences for Date Rape

If you are convicted of date rape in the State of California, you face the same serious penalties and consequences as someone who is convicted of rape, including:

  • Three, Six or Eight years in California State Prison
  • If the victim was a minor, then up to 13 years in prison
  • Felony on your criminal record
  • Registration as a sexual offender
  • Formal probation
  • Maximum of $10,000 fine
  • Possible strike on your record

When Innocent People are Accused of Date Rape

Our society does not treat rapists kindly and prosecutors often pursue convictions of date rape with intense vigor. As such, it is important to retain the services of an experienced San Jose sex crimes lawyer immediately. Unfortunately, it is not uncommon for women and men to make false accusations of date rape. These accusations may be made out of jealousy, revenge, or even remorse. Individuals can make accusations of date rape with little to no evidence and the case can quickly become your word versus their word.

For Example:
Terry and Chris were dating for over 2 years. One day Terry uncovered evidence that Chris had been cheating on her for the past 6 months with her best friend. Hurt and heartbroken, Terry was eager to get revenge. Later that night, she enticed Chris to engage in rough sex. Afterwards, she went to the authorities and accused Chris of raping her. There was enough physical evidence to support her claims and Chris was immediately arrested and charged with date rape.

When this occurs, you need an experienced San Jose date rape lawyer on your side. Your lawyer will need to thoroughly investigate the incident and work diligently to discredit the alleged victim’s story. Your date rape attorney may need to gather eyewitness testimony, examine forensic evidence, and collect character witness accounts on your behalf. Phone records, texts, and emails may help to uncover the truth about what really happened on the night in question.

San Jose Date Rape Attorney

At Ahmed & Sukaram, our San Jose criminal defense lawyers have successfully defended individuals who have been accused of date rape in California. If you have been arrested and charged with date rape in San Jose, Palo Alto, or anywhere in the Bay Area, contact the dynamic legal team of Ahmed & Sukaram immediately. You are not alone—call Ahmed & Sukaram today at 1-408-217-8818.