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A rape allegation of any kind is a serious matter that can impact the rest of your life. However, “date rape” is a specific form of sexual abuse that the State of Texas prosecutes aggressively and routinely try and “make examples” out of those prosecuted. An individual charged with this form of sexual assault is facing lengthy prison sentence, thousands of dollars in fines alone, unsympathetic prosecutors, judges, and investigators, and a life-shattering title of “convicted sex offender”.
If you or a loved one is being accused of date rape, you need an experienced defense firm on your side who will fight for you every step of the way.
There is no question that this charge is the most dangerous and life-altering moment in your life. If you or someone you love has been accused of this serious offense, it’s expected and natural for you to be petrified at this moment. What you need is to pull yourself together and start fighting for your life. However, this fight should never be made alone. You don’t just need a lawyer, you need a team of experienced sex crime defense lawyers and staff. Schiffer Law Firm is that team.
With over 45 years of combined defense experience, as well as working in both state and federal prosecutors offices, both prosecuting and defending sex crimes cases, our attorneys have found that investigation and intensive preparation are the keys to a successful resolution.
According to Section 22.011 of the Texas Penal Code, an individual commits sexual assault when they knowingly and intentionally penetrate the anus, mouth, or sex organ of another without that person’s consent. Similarly, causing another person’s sex organ to penetrate the mouth, sex organ, or anus of the accused without that person’s consent also falls under this statute. Date rape specifically has to do with this crime being committed with the help of a chemical substance that put the victim in a vulnerable state that allows them to be taken advantage of by the accused.
While it constitutes its own specific crime under the Texas Penal Code, date rape is charged and tried in the same fashion as any sexual assault charge. The differentiating factor is the use of a chemical substance. That alone elevates a simple sexual assault to an aggravated sexual assault, which is a first-degree felony in Texas.
Sometimes date rape is referred to as acquaintance rape, but there are some distinctions between the two. In acquaintance rape, the accused and the victim know each other prior to the incident, whereas date rape can happen between two strangers. In date rape, there is no requirement that the accused and the victim know each other or had a prior acquaintance.
In 1994, the marital rape exemptions were eliminated in Texas. It is illegal in all US states for a spouse to rape his or her marital partner. The spouse being accused of rape is subject to the same charges and penalties as would be any other person. This includes being sued civilly for damages.
Just like any other sexual assault case, marital rape is a sexual act done without consent between spouses, or one partner being forced into a sexual act with another. This non-consensual sexual activity becomes chargeable as date rape when a chemical substance is used to incapacitate the alleged victim.
What separates date rape from other sexual assaults is the use of drugs to facilitate the sex crime. In these cases, they’re used to make the victim so weak that he or she can’t protest the sexual activity or fight back physically against the perpetrator. Many times, the victim will be knocked unconscious by the substance. The well-known date rape substances are:
– gamma-hydroxybutyric acid, sometimes known as GHB;
– ketamine, or simply “K;” and
– rohypnol, commonly known as “Roofies.”
These are also known as “club drugs,” because they are often used recreationally. If, however, they are detected in a sexual assault victim’s system, it’s assumed that they are linked to a criminal act and aren’t there as a result of the victim’s own choice.
The criminal case against actor Bill Cosby has made the use of these drugs even more infamous on a national scale. Bill Cosby was alleged to have drugged not only one woman, but a great number of women for his own sexual gratification. It is almost impossible to find a juror who does not know at least the basis of his case, and many investigators, prosecutors, and judges have a personal interest in insuring no one who’s committed such a heinous act every goes away scot free without any punishment. Therefore, anyone accused of using a date rape drug is almost now instinctually presumed to not have only done it once, they are assumed they’ve only been caught for this one. Consequently, even though the facts might state only one allegation, the instinctual, knee-jerk reaction of most prosecutors and jurors is that, like Bill Cosby, if it has happened once, they must be presumed to have perpetrated it dozens of times on dozens of victims, and treated accordingly. This is not the law and this is not right, but it is reality, and needs to be addressed accordingly by a seasoned and experienced defense firm which knows how to spot and address these overreactions. We work to keep the case in line with the facts, and not the imaginations of those seeking punishment.
Most sexual assault cases revolve around the issue of consent. For there to be a crime, there must be a lack of consent from the victim. In the case of date rape, an impairing substance renders a victim unable to give consent. This plays a significant role in criminal prosecutions, since it’s possible that, because the drug was used, the consent that the accused person thought he or she had can’t be used as a defense. This is a gray area, however, and a distinction must be drawn between incapacitation and intoxication for consent to be used as a defense in a date rape case.
In a date rape case, the prosecution must prove beyond a reasonable doubt that all elements of the crime occurred, using evidence and witness testimony. They have to prove that the sexual act in question happened and that it happened without the alleged victim’s consent. Reports also have to show that a date rape drug was found in the alleged victim’s system.
In the case of acquaintance rape, the prosecution has a few more hurdles to jump to prove guilt. This is because there are possible scenarios where you as the accused might have been falsely accused or didn’t intentionally commit a sex crime. The presence of a date rape drug in an alleged victim’s system, however, tends to make the case easier to prove since it removes a consent defense.
If you’re found guilty of date rape in Texas, you face anywhere from two to 99 years in a state prison, and up to $10,000 in fines. This is separate from any civil judgment, which can cost you more money in damages to the victim. If you’re found guilty of other charges along with the date rape conviction, you can find yourself facing additional penalties.
If you are convicted of this serious crime, the consequences don’t end with your sentence. There are ramifications that can affect the rest of your life.
If you’re found guilty of date rape you must register as a sex offender for the rest of your life upon your release from prison. This means that your name, address, employment information, and the offense will be in a searchable public database. The information will also come up in background checks.
Some of the consequences of registering as a sex offender are:
Date rape cases, like all sexual assault cases, may be difficult for the prosecution to prove, but a solid defense against this charge requires a high degree of technical knowledge and preparation. When you have quality defense attorneys on your side, we’ll be able to craft a strategy to form a credible defense that can help restore your good name and preserve your freedom.
In date rape cases, the case is usually based on the alleged victim’s testimony with little to no physical evidence. This leaves the defense room to destroy the case against you by showing that the allegations are false and made to further some hidden agenda on the alleged victim’s part, for example, that the alleged victim is a vindictive ex-lover looking to vilify you, or a former spouse seeking the upper hand in a custody battle.
When it comes to date rape drugs, it’s possible that the alleged victim took the substance on his or her own without your knowledge in an attempt to get high. While this puts consent into question it can help create doubt making it hard for the prosecution to prove their case beyond a reasonable doubt, especially if your defense attorney can prove that the alleged victim has a history of drug abuse (recreational or otherwise).
Generally, an experienced defense attorney will know how to use the evidence, or lack of evidence, in the case to form a credible defense. He will also cross-examine witnesses, present your witnesses to refute testimonies, and present your own evidence to prove your innocence.
You should never fight such a serious charge as date rape alone. If you or someone you love is being accused of this crime, call our firm immediately. Our sex crimes team has over 45 years of combined defense experience, and has successfully defended date rape cases before. We know what it takes to protect your rights.
It is also important that you have a defense attorney who will treat you with respect despite the charges against you. At the Schiffer Law Firm, you will be welcomed openly and treated with dignity from the moment you contact us. We know that these are difficult times, and we will handle your case sensitively to make sure that you get through the process with the best possible result. Don’t wait any longer. The sooner you get in touch with us, the sooner we can begin to build your defense.
That’s a great question, but you won’t find the answer here. While there is nothing inherently secret about a great defense, some attorneys are simply better prepared, more creative, and more experienced than others. It’s that combination that makes our sex crimes defense team so successful in defending these cases. A professional sports team, or an army preparing for battle, doesn’t disclose its strategy to the opposition. It is only through a confidential, in-person, meeting with our attorneys, where your information is protected by the attorney-client privilege and away from any prying wire taps or snooping law enforcement investigators, that we will discuss potential strategies that are tailored specifically for you.
Call today to set up a confidential in-office or virtual meeting.
The first thing you need to do is accept the situation. You have been charged with a crime, and yes, this is really happening. Having worked with thousands of clients throughout our attorneys’ careers, we understand thoroughly the storm of emotions that you may be feeling right now. Accepting the situation you are in will allow you to make rational decisions moving forward.
Now that you’ve accepted the reality of your situation, it is imperative that you maintain a clear head and stay in control of your emotions. In far too many situations, we see clients betrayed by their emotions which negatively impacts their own defense. Panic, anxiety, and second-guessing everything is the soil where bad legal strategy and decision making grows.
If you find yourself stressing about your situation, do what you can to calm yourself down. If you find that you need to talk with someone, please call us. We’ll discuss what’s going on and help you get a clear picture of your situation.
