Accusations of Date Rape
Let’s say you were on a date that led to intimacy—intimacy that you thought was consensual. Unfortunately for you, the woman involved has reported a completely different scenario than what you remember, and you’ve been charged with rape. What now?
Nevada Law
According to Nevada statute there is no difference between what’s commonly referred to as date rape and the sexual assault that occurs when strange men attack women in dark alleyways. Just because you know someone, the law doesn’t give you permission to engage in sexual intercourse if the person cannot or does not give their consent.
What Constitutes Consent?
Consent is the free agreement among parties to engage in sexual activity. It cannot occur in certain situations, including:
- If one person is a minor;
- If someone is incapacitated due to alcohol consumption or drug use;
- If a person has been threatened or intimidated;
- If someone is unconscious;
- When the power dynamic between the individuals is unbalanced, like between a teacher and student, for example.
Enthusiastic Consent
The mistake that is often made in these situations is that assumptions are made based on what a person is wearing or the ways in which they are flirting. It is essential to note that assumptions gone wrong can lead to legal trouble. In the latest models, the goal for understanding is enthusiastic consent, which is a clear “yes,” as opposed to simply the lack of a “no.” While body language, smiles, eye contact, and the like are all great signals that it’s okay to move forward, it’s important to get that clear verbal affirmation, as well, especially when with someone you don’t know well. And remember, a person is legally able to change their mind at any point.
Date Rape Drugs
Sometimes individuals conclude that they’ve been raped based on the fact that they have no memory of an evening and because they may have symptoms indicating they’ve been engaged in sexual activity. Date rape drugs may have been slipped into food or drinks in order to prevent a victim from resisting. Some of the most common drugs used in this way are Rohypnol (Roofies), Ketamine, and Gamma-Hydroxybutyric Acid (GHB), but there are many others out there. If a forensic exam reveals evidence of these substances along with other clues, it can go a long way toward a rape conviction.
A Strong Defense
Rape is a serious charge, and it would be a mistake to fool yourself into thinking that simply because you knew, or even had a relationship with your accuser, you’ll automatically be in the clear. What you need is a vigorous defense. At Lobo Law, our experienced Las Vegas criminal defense attorneys are determined to achieve the best possible outcomes for you. Schedule a confidential consultation in our Las Vegas office to discuss your situation today.
Source:
leg.state.nv.us/nrs/nrs-200.html
