Dating is a common activity in the United States. There is nothing wrong with meeting new people with the same interests as yours in the hope of finding a potential life partner in them. However, one should be mindful of consent when engaging in sexual activity.
The number of date rape accusations keeps increasing by each year. Plaintiffs claim that the defendant engaged in sexual activity with them without their consent. Rape is a serious crime, and allegations of date rape can destroy your present and your future. When faced with such a situation, reach out to an attorney in King Law without wasting time.
Defenses your attorney can use in a date rape case
If you have been accused of raping someone while on a date with them, you are not alone. You may be scared and confused about what to do next, especially if you have never been in such a situation before. Attorneys specializing in the area can help you protect your rights by using strategic defenses.
- Innocence.
The most common defense used in all criminal cases, including sexual assault, is innocence. The defendant, which in this case is you, can argue that you did not commit the crime. Furthermore, you can give reasons, such as you were not with the plaintiff on the said date, location, and time. This is known as presenting an “alibi.”
Other than presenting an alibi, the defendant can also claim that though they were with them on the said date, location, and time, they did not commit date rape. One can prove their innocence by providing DNA evidence.
- Misunderstanding.
You may argue that the plaintiff has simply misunderstood your actions and that you did not date rape her. Sometimes in the heat of the moment, one party may think that the other had given consent, while the other was only engaging in flirtatious talk. Misunderstandings with no intention to commit criminal date rape have been the cause of many allegations.
- Consent.
In this type of defense, the defendant admits to their actions but argues that they received proper consent. One of the important elements of a sexual assault case is that the sexual activity must have happened without the plaintiff’s permission or consent. Therefore, if you can prove that the sexual contact happened with their consent, there is no case.
Demonstrating that the other party had given consent during that time can be very challenging. One way to prove would be using the victim’s past sexual activity to show that they gave consent. However, the entire procedure is usually difficult to deal with without an attorney.
