Philadelphia is a large city with no shortage of bars and nightclubs and patrons ready to enjoy a night out. But with the attention to sexual assaults in the media and the vigilance of prosecutors and the public when it comes to prosecuting those accused of sexual misconduct, it is important to know and understand the law and protect oneself against false accusations.
What is Date Rape?
Date rape is not the name of a crime, but it is a term used to refer to a type of sexual assault that happens between two people who are not in a committed relationship. Perhaps they are just friends or they are getting to know one another.
Another type of date rape that receives a lot of media attention is when a person has a drug slipped into their drink, which causes them to lose consciousness or not be able to remember what is happening to them. While the victim is in the drugged state, the perpetrator commits one or more acts of sexual assault.
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What Does the Law Say?
Under current Pennsylvania statute (Title 18 ยง 3121), it is a first degree felony to have sexual intercourse with someone who is unconscious or unaware that the sexual intercourse is happening.
It is also illegal to have sexual intercourse with someone who has been drugged or intoxicated by the perpetrator to the extent that they cannot control their conduct.
What are the Punishments for Date Rape?
A person convicted of date rape faces up to forty years in prison, and they will have to register as a sex offender for life.
Other punishments given by the court may include the requirement to pay restitution to the victim, pay fines to the court, complete community service or face probation or parole.
Along with these punishments, there are several other ways a person convicted for date rape faces.
Often these stories are picked up by the media, and the accused person faces harassment and a tarnished reputation. They may lose their professional license and be fired. The charges can affect their family and social life, and can cause the accused person to face anxiety and high amounts of stress and depression. The penalty for rape usually includes jail time.
What if Someone is Falsely Accused?
Unfortunately, false accusations for these types of crimes happen frequently.
Sometimes the accused person was not aware that the person making the claim was too intoxicated to consent. Or for instance, the claimant could have taken drugs themselves and did not inform the accused person.
In other situations, the alleged victim consented to the activity but later regretted the decision. The victim could also claim they were drugged during the encounter, but that the drugs are already out of their system (one of the most common drugs only remains in blood for four hours and urine for twelve hours, so it is not always possible to detect).
There are many situations which can lead to false accusations, and it is a difficult situation to face since most cases are a “he-said-she-said” scenario.
Those who are falsely accused of date rape have to act fast by hiring a tough and experienced criminal defense attorney who can work quickly to examine the situation and work to protect the rights of the accused. Together the attorney can work with the accused to understand what happened and build a strong defense.
How to Avoid False Accusations
Anyone who attends parties, goes out to restaurants, bars and clubs, goes out on dates, or lives in an apartment or dorm in close proximity to other people faces the possibility of date rape charges.
In order to avoid these accusations, individuals should refrain from any sexual activity with people who are under the influence of drugs or alcohol. They should also refrain from leaving parties or bars with strangers or giving rides to people they don’t know after a night out. When going out on dates, it is important that people stay in public places.
If sexual activity does occur, ensure that the other party is consenting and get any proof of consent possible. If the encounter is only physical (such as meeting on an app where the understanding is that the parties will engage in sexual activity) the parties should be sure to save the conversations.
Though these measures seem extreme, it is very important for individuals to protect themselves.
Even if the two people involved in the case have had consensual sex in the past, it will not prove consent. Neither will the fact that both parties are drinking or that one person thought the other person consented.
Contact Marni J. Snyder Today
If you or a loved one is facing an accusation of date rape, it is crucial that you get in touch with a qualified, experienced criminal defense attorney like Marni J. Snyder today. Contact our offices for a free consultation at 215-515-3360 for a free consultation.
