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Spotsylvania Date Rape Lawyer

As defined by Spotsylvania law, date rape is a colloquial term that is not defined under Spotsylvania law. It is used by the general public uses to refer to rape that happens between two adults who were otherwise in a relationship, had some contact or knew each other. It is sometimes referred to as “acquaintance rape” depending on the nature of the relationship between the two individuals.

If you have been accused of date rape, an experienced rape attorney can assist you in building a defense. With a local understanding of sex crime law, a Spotsylvania date rape lawyer can help you prepare for trial.

Comparing Rape and Date Rape

Spotsylvania date rape lawyers treat date rape and rape cases almost the same way. Rape is when somebody is accused of engaging in sexual intercourse with another person against their will by force, threat, or intimidation or where the individual is incapacitated.

In the context of the general public, date rape could be a situation an individual did not give consent to engage in sexual activity, and the other person persisted. Date rape situations can also include situations where someone is drugged or incapacitated and there is some sexual intercourse that occurs.

Withdrawal of Consent

When a person withdraws consent or alleging that they withdrew consent, the prosecutor’s job is to prove that the act occurred and that there was no consent. However, if the person is admitting that the act occurred, then they are already doing the prosecutor’s job for them and making it easier for them to be convicted. A Spotsylvania date rape lawyer can guide the accused individual through defense strategies that will not assist the prosecution or charges against them.

Sources of Credible Evidence

The difficult thing about date rape cases is the fact that usually there is some underlying relationship. These cases are difficult because the evidence usually comes down to consent. Meaning, determining whether or not an individual consented to the act, or whether consent was withdrawn at some point.

That often becomes a hearsay situation because there usually is some type of physical evidence of sexual intercourse. The case outcome usually comes down to whether or not there was consent or whether or not it was against their will.

 

Penalties Following Date Rape Conviction

The potential penalties for a date rape conviction would be a minimum of five years, a maximum of life in prison, and would be a felony offense depending on the situation.

If there is an age element to the case, that could potentially make it more aggravating even giving the date rape context.

It could potentially be more aggravating even if it was a date rape situation where they had been in a previous relationship, had been out on a date, or something like that and an alleged act occurred and the consent was alleged to have been withdrawn, it could be potentially more aggravating.

Why Someone Would Avoid Hiring a Lawyer

Somebody who is accused of date rape often avoids hiring a defense attorney because they feel as though they did not do anything wrong or they feel as though there is just no basis to the allegation especially in situations that involve individuals in an ongoing or a continuous relationship.

The accused might say that they have had sex in the past and that their encounter could not be rape because of that ongoing sexual relationship. This is a huge mistake because it does not matter what type of relationship an individual had with a person in the past. If it is shown in court that consent no longer existed for that specific act, that is something that can cause an individual to be convicted of a rape charge, and it is a serious offense.

When a person sits there and defends themselves, and confirm that sexual contact occurred, the issue becomes proving consent because the accused already admitted sexual contact happened.

Hiring a Lawyer During an Investigation

Someone should hire a Spotsylvania date rape lawyer while they are being investigated for date rape because they need to start mitigating the evidence immediately and they need to make sure that they do not make any statements that could be used against them.

It is actually easy to make a statement or for defendants in these cases to try to defend themselves because they do not think they did anything wrong. Sometimes, in these situations, false allegations come out because the individuals were in a relationship and they had a fight, and it is used as a tool against the other person.

Having a defense attorney involved immediately can protect the case against the defendant from becoming stronger just even from the first contact of the police officer.

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