Date Rape Laws: Everything You Must Know
Date rape typically involves an alleged rape victim with an existing relationship with the offender. This connection between the parties often makes date rape an emotionally charged experience. Those being accused of sexual assault by an acquaintance, a friend, or a romantic partner often struggle with criminal accusations, strained relationships, and a tarnished reputation. Students accused of date rape on college campuses may be expelled or asked to withdraw.
The sexual assault defense lawyers at Blank Law, PC, are familiar with the intricacies of date rape charges. They can help you navigate the criminal justice system process and advise you about your legal rights as a criminal defendant in a date rape case. Contact our law office immediately if you have been accused of date rape in Michigan.
Date Rape Laws
The World Population Review estimates that 70% of rape cases involve an alleged victim and offender familiar with each other. Such are referred to as “acquaintance rape.” The legal definition of acquaintance rape describes it as a type of sexual assault that involves coerced or manipulated sexual intercourse. It can occur anywhere, including the office, college campuses, or home.
In addition, the perpetrator could be a neighbor, friend from school, coworker, or even a delivery person. In many jurisdictions, date rape may also occur between parties who have previously engaged in sexual intercourse. Therefore, this form of sexual assault might even happen between a married couple.
Although date rape may seem like a casual sexual encounter, it is considered criminal in many states. Date rape cases are considered severe crimes, regardless of how close the relationship between the offender and the alleged victim may be. Date rape is illegal and considered a criminal offense in Michigan.
Michigan sex crime laws impose strict punishments on rape perpetrators. Convicted offenders are typically sentenced to prison, required to pay a substantial fine, or both. They are also required to be listed on the Michigan Sex Offender Registry.
What is a Date Rape Drug?
Date rape typically involves situations where the alleged victim is drugged by a perpetrator they may or may not be familiar with before the crime is committed. Rohypnol (roofies), ketamine, and Gamma-Hydroxybutyric Acid (also known as GHB, Fantasy, or Liquid Ecstasy) are the most common date rape drugs used in these instances.
The perpetrator may slip a date rape drug into the victim’s drink without their knowledge. After consuming the drink, the victim is briefly rendered drowsy, unconscious, and unable to fend off the other party’s advances. Such instances of date rape could be categorized as drug-facilitated sexual assaults.
The defendant’s case becomes more challenging if date rape drugs are discovered in the victim’s system after the alleged rape. The date rape attorney may need to prove that the defendant did not slip the date rape drug into the victim’s drink to get the defendant acquitted.
However, a sexual assault case may get more complicated if date rape drugs are not involved.
The court typically has to answer the following questions in date rape cases:
● How much alcohol or date rape drugs must the alleged victim have consumed before she cannot consent to a sexual act?
● How often and with how much force must the victim refuse sexual contact for it not to amount to consent?
● How long after an alleged date rape happens must the victim report the act to the authorities?
These issues are still being debated in Michigan, along with other states, and the courts have yet to reach a clear conclusion.
Does Date Rape Always Involve the Use of Force or the Threat of Coercion?
Date rape cases may occur in situations involving violence or the threat of force. However, it could also occur in non-violent situations and without the threat of force or coercion. Any event involving non-consensual sexual intercourse between people who know each other could also be considered date rape.
Sexual contact must occur between consenting parties and not involve pressure, manipulation, coercion, or the influence of drugs or alcohol; otherwise, it would be considered sexual assault. Also, consent to sex can only be given by a party who attained the age of legal consent.
The minimum age for consent differs from state to state. Michigan sets it at 16 years old. However, the legal consent age is increased to 18 years old in cases where a person in a position of authority is the perpetrator.
Additionally, date rape could happen when the victim is incapable of consenting due to physical or mental incapacitation, or intoxication. Furthermore, just because the victim has previously consented to sexual intercourse does not imply that consent will always be valid. However, determining the point at which such an agreement is no longer valid might be difficult.
What Do I Do if I am Accused of Date Rape Under Michigan Law?
A criminal investigation is conducted to ascertain the defendant’s guilt when they are accused of sexual assault. The defendant will be permitted to present a defense, and the alleged victim may be called as a witness in the case. If the accused person is found guilty of the sex crime, they will be convicted and punished accordingly.
Contact a criminal defense attorney immediately if you are accused of date rape in Michigan. You risk being charged, convicted, and sentenced for a sex crime if you fail to act promptly.
You need a Michigan criminal sexual conduct lawyer familiar with handling date rapes in your city to help you navigate the legal system successfully. With the assistance of skilled CSC lawyers in Michigan, you can build aggressive sexual assault defense strategies to defeat the charges brought against you.
What are the Possible Penalties for Date Rape Charges?
Date rapes and other forms of sexual assault are referred to as criminal sexual conduct under Michigan criminal law. Four categories of criminal sexual conduct cover all types of sex crimes, depending on the alleged victim’s age and the severity of the offense. Rape is frequently considered a criminal sexual conduct 1st degree or criminal sexual conduct 3rd degree offense under the Michigan criminal justice system.
Date rape often carries harsh sanctions with long-lasting repercussions for the perpetrators. An offender guilty of 3rd degree sexual assault may receive a maximum prison term of 15 years (see CSC 3rd degree Michigan penalty). If the defendant is found guilty of CSC 1st degree, they could receive a life term (see: CSC 1st degree Michigan penalty).
Other penalties include lifetime electronic monitoring and probation. Sex offenders may also be mandated to pay a hefty fine and be included on the sex offender registry. If a juvenile under 13 is the victim of a date rape, the punishments could be even harsher.
The prosecuting attorney may also bring extra charges against the defendant for giving a controlled substance to the victim against their will in circumstances where a date rape drug is involved. The Drug–Induced Rape Prevention and Punishment Act of 1996 imposes criminal penalties of up to 20 years imprisonment for anyone who distributes date rape drugs, such as Rohypnol, to another person intending to commit a violent crime, including rape.
What are the Available Defenses to Date Rape Allegations Under Michigan Law?
You will not automatically serve time in prison just because you have been accused of date rape in Michigan. There are numerous ways to defend yourself in a date rape case. Like in many other instances of sexual assault, the victim’s lack of consent is required by law to convict the defendant of the crime. In cases where consent has been provided and can be seen, you can use it as a defense. You could also offer an alibi in your defense if you were not even at the scene of the crime.
Another way to demonstrate your innocence in a date rape case is through DNA evidence. It can also be used to identify the real criminal. Forensic scientists can analyze DNA samples to generate a profile that can be compared to a database of multiple FBI profiles.
The only way to avoid being convicted of date rape is to mount a strong criminal sexual conduct defense. Hiring an accomplished rape defense attorney is the best strategy for defeating date rape accusations. By providing your CSC defense attorney with the correct information, they can assist you in creating the most effective defense plan possible.
Hire an Aggressive Date Rape Defense Lawyer to Represent You in Michigan
Being accused of date rape can be overwhelming because you risk receiving harsh punishments. Michigan considers date rape a severe offense and ensures date rape victims receive justice by enforcing severe penalties against offenders.
Attorney Nicole Blank Becker is a skilled sex crimes lawyer with experience defending clients accused of sexual assault in Michigan. She is prepared to fight for you in and out of court if you have been accused of date rape. With her decades of experience, Nicole and her team at Blank Law, PC will assist you in building a solid defense in a sexual assault case. Contact Blank Law, PC for a defense lawyer free consultation today.
