Fredericksburg Date Rape Lawyer
Date rape refers to an incident of rape where the accuser knew the accused, and the accused has allegedly engaged in non-consensual sex with someone that was intoxicated. It is a serious crime that can have serious personal and professional repercussions. Not only would someone accused of date rape be forced to register as a sex offender, could also face issues finding housing and maintaining gainful employment. That is why if you have been charged with date rape, you should reach out to a skilled Fredericksburg date rape lawyer. A qualified sex crimes attorney could devote the time and resources necessary to build your case.
Elements of Date Rape Allegations
The first element of date rape is consent or a lack thereof. When one is dealing with a date rape allegation, what is being said is that some kind of sexual conduct occurred and that the accuser did not agree to it. With rape, there is threat, force, or intimidation. When talking about date rape, the threat and the intimidation is removed; there is only force. Someone has forced their way on someone else and they did not give them permission to do so.
Another element in date rape is that the parties involved are normally not going to be the same in a traditional rape. When people think of a traditional rape, they think of a stranger in an alley. When it comes to date rape, there is somebody who the accuser is familiar with. It can be a family member, a friend, a spouse, et cetera. Also, they normally involve some form of intoxication.
Intoxication Within the Context of Date Rape
When discussing intoxication within the context of date rape, there are two types: voluntary and involuntary. Both fall under the overarching theme of rape in general and are prosecuted the same. Whether it is a voluntary intoxication, the accused should either know or should have reason to know that the individual that they are engaging with, the alleged victim, is either unwilling or does not have the ability to communicate that unwillingness to participate in the sex act.
If it is involuntary intoxication, which is more like somebody slips a drug in someone’s drink, knowledge of that incapacitation is shown through the illegal act of drugging someone. Not only is the accuser looking at a rape charge, but other charges as well. Those are the different elements of date rape when cross-referenced with traditional rape.
Difficulty of Securing Credible Evidence in Date Rape Cases
Date rape cases are built off of credibility. It is hard to find credible evidence because the crime itself involves normally some form of intoxication. Both parties participating in the trial, the alleged victim and the accused, are normally intoxicated, have been drinking, or doing some kind of drug partying. There is normally no physical evidence of any kind of violence or an attack.
These cases often rely on a back-and-forth eyewitness testimony style of trial in which one person is saying something happened, while the other person denies that version of events. It is also difficult to find credible witnesses in these situations because people often take sides, which colors their testimony. For example, the friends and family of one person might say that the person asked for consent, while everyone on the other side might say that is not how things happened at all.
Value of Hiring an Attorney While the Investigation is Occurring
While an investigation is going on, the detectives, Commonwealth attorneys, and other members of law enforcement are professionals. They are going to be looking to pull certain information about the person to secure a conviction against them. If the person knows that they are being investigated for a crime, then it is essential to speak with a Fredericksburg date rape lawyer or hire one. An attorney can put the accused in the best position possible during the investigation. If the accused is charged, the lawyer could preserve a lot of their rights so that when it comes time for trial they have preserved their own narrative.
Importance of a Fredericksburg Date Rape Attorney
There are many reasons that people hesitate to contact an attorney if they have been charged with a sex crime. One of those reasons is denial. People are normally scared. They do not want to admit that anything has occurred. They feel that if they do not hire an attorney and do not follow it up, then nothing will happen and it will be okay. Or, they may feel that the situation may be one they can handle without the assistance of a Fredericksburg date rape attorney.
People also think that if they hire an attorney, it will make them look guilty. Regardless, it is important that you hire a lawyer. It is the best way for you to protect yourself. Without a Fredericksburg date rape lawyer the probability of a conviction, of jail time, and of you being forced to register as a sex offender, is significantly higher. If you have been charged with date rape, seek the services of a capable sex crimes attorney that could build a solid defense for you.
